[TowerTalk] CC&R Content Question

[Jim Lux]

At 09:20 AM 3/19/2006, Pat Barthelow wrote:
>Hello John,
>
>What obnoxious wording in the deed restrictions!


Virtually all CC&Rs have some sort of similar wording, or what's worse, 
they empower the HOA board of directors to make rules and regulations, 
which can then implement such a wording.

And, on it's face, the restriction is not all that unreasonable.  It's the 
varying  definitions of what's objectionable where the excitement 
starts.  That meth lab in the front yard probably fits in the nuisance 
category, as does would proposal to create an open pit trash dump to breed 
rats in.

However, there is a fair amount of case law on what constitutes a 
"nuisance", but bear in mind that that case law came about because two 
people had sufficiently strong feelings to go to court about it.  What you 
want to avoid is YOUR case being the origin of that case law.

As far as the size and scale of the antenna goes.. my experience in HOA 
objections to all sorts of my and my neighbors' activities has been that 
the scale of the annoyance is immaterial.  They would complain just as much 
about a 10 foot stainless steel whip just as they would about a 100 foot 
free standing tower.  It's just that the 10 foot whip *might* be small 
enough to not be noticed.

I guarantee that ANY beam antenna will be noticed.

I had a nice call from the local code enforcement guy who said that someone 
had complained about my 4 6BTV verticals, and they were laying flat on the 
ground. I'm not quite sure where they were actually visible from (perhaps 
the back yard of a house or a street above mine). Maybe the complainer 
monitors TowerTalk and/or saw my ham license plates? Such is life in the 
big suburb.  The code guy just wanted to make sure I was aware that 
erecting the antennas requires a permit in our city.

Interestingly, although the complainant's identity in these situations is 
secret, the code guy did lead me to believe that it wasn't a resident in 
the area.
Probably a realestate salesperson trying to keep property values up. {I am 
not slamming hard working RE folks here.  I have good reason to believe the 
complaint was retaliation from from one of them, but one doesn't want to 
libel someone inadvertently.}

The real point is that the problem can come from any of a variety of 
sources, and the way the system works, if one of 100 people has a problem, 
then you've got to deal with it.  Realistically, your best bet is to make 
friends with the other homeowners, most particularly, those on the 
board.  They can make the rational decisions. The worst situation is where 
there isn't an active board who can deal with the minority objector.  If 
the HOA is defunct, the CC&Rs still exist, and any aggrieved homeowner can 
take you to court on it.  You may prevail in the long run, but it might be 
expensive, particularly if the aggrieved homeowner happens to be an 
attorney, greatly reducing his own legal expenses.

If, on the other hand, you wind up in a situation where it's you shouting 
into the firestorm of united criticism, and all your neighbors are marching 
with pitchforks and flaming torches, you've got to decide if you've got the 
stomach and resources to "stand on your rights".


 >
> >I am currently looking for some land or house/land 2-6 acres in east Texas
> >so I can put upa tower(s). Seems almost every deed restriction I come to as
> >a minimum has the common wording containing some sort of language about "no
> >obnoxious activity that might be or could be considered a nuisance or
> >annoyance to the neighborhood"...