Hi John... I had this type of an issue about 10 years ago... put up a 40' aluminum freestanding tower with a Force-12 C3 at the top. It was in the rear of the lot...with trees around it. Problem was that my north neighbor's alarm system went off every time I used more than 200 watts. There was no specific language in the CC&R's forbidding antenna towers. There was some vague language that the developer had to approve all "additions to the real property." Now my neighbor didn't want to hear anything about repairing his alarm system. His company told him that there was nothing wrong with his system...but my station was emitting spurious emissions (their exact words). The fact that my kilowatt didn't affect MY alarm system was irrelevant...to my neighbor. Even after I offered to pay for installation of by-pass capacitors, toroids and even a replacement wireless alarm system (what was I thinking?) my neighbor wouldn't budge. The tower had to come down. Screw him...sez I. So I continued to operate, forcing the issue. When the neighbor filed for injunctive relief in County Common Pleas Court...he didn't even bring up the "additions to real property" argument. Since my neighbor had built a shed, put up a basketball hoop and a number of other "additions to the real property," without developer approval, that dog wouldn't hunt. He did use the obnoxious activity argument. The Judge, after hearing that: 1) My neighbor was not willing to take any steps to mitigate the problem even though I offered to pay for any work done. 2) No other security system in the neighborhood, including mine was affected by my ham operation. 3) No other neighbors had come forth to complain about TVI or any other problems. 4) My "obnoxious activity" was permitted under Federal Law and the Court may not even have jurisdiction. ordered me to pay a competant third party (not the alarm company who couldn't find their asses with both hands) to solve the problem...with a maximum payment on my part of $500.00. That all being said, John...I was real lucky. If the Court had ruled against me, I wasn't in a financial position to go to Federal Court for redress. Remember that if you go in front of a Judge expecting justice...you'll probably be disappointed. What you will get is a decision...and you may not like it. While that system you're putting up will play well...your neighbors might not think it so esthetically attractive. And if one of your neighbors happens to be an attorney...your life could be a living hell. My advice would be either scale back or go somewhere else. Good luck. Ray Message: 5 Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST) From: John W Subject: [TowerTalk] CC&R Content Question To: towertalk@contesting.com Message-ID: <20060319155053.49589.qmail@web37304.mail.mud.yahoo.com> Content-Type: text/plain; charset=us-ascii 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 ------------------------------ ________________________________________________________________________ Try Juno Platinum for Free! Then, only $9.95/month! Unlimited Internet Access with 1GB of Email Storage. Visit http://www.juno.com/value to sign up today!