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

[Alan NV8A]

On 05/15/07 12:34 pm Floyd Rodgers wrote:

> Ok, time for a side injection from Texas....
> Did we forget somewhere when you buy property or anything else, it is supposed to be yours and not the neighbor's. I think somewhere the founding fathers covered this back a few hundred years ago. Seems we need a history lesson. This looks like yet another design by committe project guaranteed to be ten times as expensive as required and no one will be happen with the final result if it's not their way.....
> Flame suit on.

But if people *agree* to buy a property with restrictions...?

I don't know when and where CC&Rs started, but ISTR that in Britain 
decades ago the purchaser of a property was not acquiring the rights to 
any minerals, oil, etc., that might be down there somewhere. Whether 
that restriction falls into the "CC&R" category I have no idea.

Then there are local authority (city/county/township, etc.) rules that 
require (for example) two parking spaces for every residence or prohibit 
running a business in an area zoned as Residential.

It's my understanding that CC&Rs or HOA rules specifically prohibiting 
outside antennas came about when cable companies offered to cable a 
subdivision without cost to the developer provided that such 
prohibitions were imposed.

We bought an older property in a subdivision that was recent enough to 
have all underground utilities but old enough to have no HOA. There are 
brief CC&Rs, but no HOA was ever established. An ARRL VC said that he 
could not see that the wording of the CC&Rs prohibited antennas or 
towers, and in any case there were a few amateur radio antennas in the 
subdivision already when we bought here: somebody who recently started 
compiling a directory of hams in the area said that our subdivision has 
the highest concentration anywhere around.

73

Alan NV8A