[TowerTalk] TowerTalk Digest, Vol 99, Issue 12 Towers and antenna, restricted S/D

Gene Smar ersmar at verizon.net
Sat Mar 5 15:56:17 PST 2011


Al:

      I bought my home in1983 in a deed-restricted neighb orhood, although 
K6IR/6 (SK) lived up the street from me at the time.  He had a 72 ft 
crank-up in his yard on top of the highest hill in my development, so I 
figured that any CCRs were unenforced.  I bought my home and moved in.

     You probably don't want to gamble that the CCRs are unenforced in your 
prospective neighborhood.  However, I suggest you read through the document 
carefully for an expiration date.  The CCRs in my neighborhood stated that 
they expired 30 years from the date they went into force.  So in mid-1996, 
they were history.  I never received any notice from the HOA (such as it is) 
about trying to reinstate said CCRs.  I put up the tower in 2001, having 
gotten a county building permit for same.

     Good luck.


73 de
Gene Smar  AD3F

----- Original Message ----- 
From: <W4ABW at aol.com>
To: <towertalk at contesting.com>
Sent: Saturday, March 05, 2011 3:59 PM
Subject: Re: [TowerTalk] TowerTalk Digest, Vol 99,Issue 12 Towers and 
antenna, restricted S/D


>I plan to make an offer on a home in a so called restricted neighborhood.
> The restrictions do not mention towers, antenna, ham radio, sat, dishes 
> etc.
> The  restriction document is dated 1961.
>
> It does mention other "buildings" and the usual "noxious/nuisances".
>
> The city that the property is located has tower rules but very moderate. 
> In
> the back or side yard, guys 5 feet from property lines and towers over 75
> feet  need a city permit. No problems here but the city knows nothing 
> about
> restricted  neighborhoods nor does it care.
>
> I am no lawyer and I wonder if anyone has an idea of what direction I can
> or should take to get this restriction document looked at by someone who
> would  know what it really means, if that is possible. A lawyer is one 
> choice.
> I  guess lawyers don't know much about towers etc.,either. I never met one
> who  did.
>
> I have asked around that neighborhood, asked the realtor, everybody but 
> the
> mail man and they have no clue as to what a tower/antenna for ham radio
> is.
>
> The property is in Huntsville, AL.
>
> Any ideas ?
>
> Al
> W4ABW
> _______________________________________________
>
>
>
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