[TowerTalk] Got a tower/antenna in a CC&R subdivision?

Krish kkanakas at cisco.com
Mon May 14 12:11:18 EDT 2007


Folks,
 Let me give some more information on the situation.
 The covenant goes  like this
 "All antenna requests will need to be approved by the Architectural review committee".

 If there is a request that comes along and is something that does not fit the bill, the Arch committe
 will deny the request and send it to the board to make a consideration.

 My original proposal had a stepper at the top of the crankup and a TV antenna at the bottom of
 the crankup. I sent in a copy of the 1996 OTARD ruling as well. The stepper was hand drawn
 in the proposal along with a copy of the aluma tower brochure. The Arch committee has never
 seen a setup like this, so was unable to perceive and they just denied it. Well, they did not even
 take up on my request to present it to the committee. In my subdivision, the arch committee is a
 inclusive group unknown to the public for fear of retribution. Hence my gripe that there was no
 fair consideration.

 Now the board is looking into the merits. In the meanwhile, i had someone measure the offset
 from the roof to the tower when the antenna is installed. We found that it will be entirely below
 the roof when down, and blend well with the trees behind the tower when cranked up.

 I ran around and got about 70% of the neighbors sign off. Some in person by knocking the door,
 but a few others by sending in mail with return postage. About 3 out of 5 that i mailed never
 returned it. Perhaps procrastination or they have opinions. No one objected except one guy who
 does not see the tower and is a next door neighbor. He is located at the other side of the tower.
 When i ran the idea by him, he wanted the tower to be placed not near his property , but the
 other side. I complied and changed the proposal after getting the other owners permission. In
 Dec, this guy did not voice out any concern, but in April, he says he has concerns. I have over
 70% approval from those directly impacted, so i have pushed it to the board. The board wants
 to do their due diligence and talk to the neighbors to see what they feel. However, this is a gray
 area. I don't know what they talk. I am sure they won't be talking about Otard and TV antennas.

 Hence i am doing everything right to keep a positive attitude after waiting for 3 months now. I am
 a solid contributor on the board. The board knows it and the people know it. Where the
 Arch committee falters, with trying to impose fines for compliance, i am out there working with
 people the friendly way and working out the differences to achieve compliance. I hate this
 anonymous Arch committee crap. But they say that people won't volunteer after the several
 lawsuits they have had over the years.

73's
Krish
w4vku

Dan Zimmerman N3OX wrote:

> WB2WIK says:
>
> >however none of them had any CC&Rs or HOAs involved
>
> Steve, thanks for chiming in... I hadn't thought about that, though it
> seems that Krish's HOA is considering allowing this installation even
> though they could likely outvote him and reject it out of hand.
>
> W6WRT says, regarding promises of money:
>
> >A person's or business's "word" is backed up my money all the time.
> It's how our
> >civil justice system works, like it or not.
>
> Absolutely, but the suggestion to put in writing that you'll make up
> the difference in property values is essentially settling a number of
> lawsuits that haven't yet been brought against you, and that seems a
> little much to me!
>
> I agree with you, and with Steve, and you can be sure that the YL and
> I are staying faaaaaar away from HOA-encumbered properties when it's
> time to buy.  That said, it sounds like Krish has a shot at convincing
> the board  to allow a reasonable installation within the regulatory
> framework of his HOA, which is something that absolutely should be
> encouraged.
>
> When the HOA says "No, you cannot put up a tower, period," that's when
> the suggestion to just move is appropriate.
>
> Dan
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