[TowerTalk] CC&R Content Question

[Scott Neader KA9FOX]

I second the notion about getting the ARRL Antenna Zoning book, 
http://www.antennazoning.com/ham/book.htm, written by Fred Hopengarten K1VR.

When I was in a similar situation, looking for land where I could plant a 
tower, I bought the book and read it from cover to cover.

Eventually, I came across 5 acres that was a compromise between what I 
wanted and what my XYL was going to let me have.  :-)   Unfortunately, the 
land came with CC&Rs.  We made an offer on the land, but we made it 
contingent on being able to get the Home Owner's Association to approve the 
tower.

I was sure they wouldn't let me, but my XYL was so sure the land was 
perfect, that she went door-to-door asking nearby neighbors if they'd be OK 
with a tower.  Hearing no negative comments, I called the leader of the 
HOA.  He seemed cautious, but open minded.

I would up hiring K1VR to look over the CC&Rs, and he designed a "tower 
request" document that I could present to the HOA that was "friendly" to 
read, but (in Fred's opinion) carried a lot of weight, should it ever be 
challenged.

Fred's experience was invaluable... he knew to ask for 95 feet instead of 
100ft and to propose it in a more neighbor-friendly location of my lot.  He 
knew to talk about how the dull grey tower would blend into the natural 
environment.  And how my wire antennas would be kept in the backyard and 
would be black in color which helps them to be less visible.  He also knew 
that someday someone might challenge the tower with "I didn't know it would 
look like THAT!!!" so he had me attach pictures of similar towers, from a 
similar distance from the road... and also to attach a page out of the Rohn 
Catalog showing the dimensions of a tower section that I was proposing 
(Rohn 55)... and to have each member of the HOA initial each page.  And he 
did it all with friendly, non-legalese language that didn't scare them away.

Fred taught me to be open, up-front and honest about the tower, and to make 
a reasonable request for permission by providing the right information, in 
the right format.  It worked... and I'm QRV.  Some pics at 
http://www.qth.com/ka9fox/gallery

I've not received any complaints from anybody since the tower and antennas 
have gone up, either directly or via the rumor mill. (knock on wood!)

I guess the summary is... in my opinion... don't buy the land until you 
have express, written permission to erect a tower and antennas, and make 
sure you have a lawyer help with the permission request.

Keep us posted & GL OM!

73 - Scott KA9FOX

At 09:20 AM 3/19/2006 -0800, you wrote:

>Hello John,
>
>What obnoxious wording in the deed restrictions!
>
>I think you, and all of us, would benefit if you contacted Phil Kane, (
>K2ASP at arrl.net ) a frequent contributer/Expert/ex FCC offical in the Ham-Law
>Forum.  He may be able to quickly analyze your dilemmas, possilbly showing
>any illegal or unenforceable language in your deed restrictions, and provide
>expert guidance... The Ham-Law group may even put your issues up for
>discussion on their discussion group, reaping the benefits  of feedback from
>   a large Legal/Ham Brain Trust
>
>And of course you should pick up the ARRL publication on Zoning, if you
>havent already..
>Good Luck, keep us informed of events/progress.
>
>73, DX, de Pat AA6EG aa6eg at hotmail.com;   Skype:  Sparky599
>
>
> >From: John W <guildjw at yahoo.com>
> >Reply-To: John W <guildjw at yahoo.com>
> >To: towertalk at contesting.com
> >Subject: [TowerTalk] CC&R  Content Question
> >Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST)
> >
> >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"...
> >
> >Other then this one item in the restrictions there are no other
> >restrictions on antennas, towers etc.  All the locations I am considereing
> >our not within city jurisiction only county and they have no issues with
> >towers or tower heights.
> >
> >I have asked  two ARRL VC's to review the CC&R restrictions, deeds  etc.
> >Initially I have gotten two different points of view on this wording one
> >which says it could be used to sue me the other saying it can not.  I know
> >its just opinion and thats all I am looking for in trying to evaluate my
> >level of risk before I spend the money to move and put the tower up.
> >
> >Question here:  Has anyone on this reflector been sued or had that wording
> >above used against them successfully or unsucessfully to have a tower
> >removed?
> >
> >FYI Tower setup would be ANWireless HD60 to HD80  with two large beams 12
> >feet apart with smaller UHF/VHF 2-3 above that.  Booms around 32-36 feet
> >longest element 42 feet, not a :small footprint system.
> >
> >If so I'd like to hear your story and get you opinions or comments.
> >
> >Thanks,
> >
> >John  - W5EJ