[TowerTalk] need advice on tower install

[Jim Lux]

At 08:45 PM 10/21/2005, Doug / K0ZU wrote:
>I am about to purchase a 4 year old home in an upper middle class scaled
>development.
>
>I spoke with one of the home owners today who informed me of the following:
>
>- The deed restrictions are over as the last lot was sold a few years back.

In my tract, the fact that the last lot was sold makes no difference.   All 
that happened is that certain rules changed automatically, and the voting 
structure changed (before the last lot is sold, the developer gets multiple 
votes per lot).

>- The development is 5 to 6 years old.
>- There was no home owners committee established once the deed restrictions
>
>   dropped.

Doesn't mean that the rules aren't still there, nor that the restrictions 
don't exist.

>- A meeting was held by all the home owners a couple years ago to see if
>   there was interest in establishing a home owners organization but it was
>   voted down.

But did they revoke the existing rules?  That would generally require 
recording something with the county.


>This property is in Colorado Springs.
>
>Do I have leg to stand on if I put a tower up according to city and county
>specifications? The limit is 60'


You need to talk to a lawyer in your area. A good friend of mine lived in 
an area where the HOA had gone away some years before, but discovered to 
his dismay that the recorded rules still existed, and so then, any 
homeowner in the tract could attempt to enforce the rules by themeselves. 
Naturally, one did.  Many tens of kilobucks later, it was all resolved.


Certainly, you don't want to take the word of the seller or anybody with an 
interest in the sale going forward (i.e. the real estate folks on either side).

>Thanks in advance
>Doug / K0ZU
>K0zu at adelphia.net
>
>
>
>_______________________________________________
>
>See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless 
>Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with 
>any questions and ask for Sherman, W2FLA.
>
>_______________________________________________
>TowerTalk mailing list
>TowerTalk at contesting.com
>http://lists.contesting.com/mailman/listinfo/towertalk