That path lies to financial ruin... He who walks into a courtroom loses,
regardless of the verdict.
Aside from the usual "failure to enforce any provision does not constitute a
waiver of the right to enforce that provision in the future" disclaimer.
Perhaps, taken in a lighter vein.. as an example that transmitters, per se,
don't cause problems, you could use it to remove the ban on transmitters.
Asking for uniform enforcement would be a fool's errand, for you see,
assuming I went to court to force the issue, I would be suing myself, being
a member of the association and ultimately (partially) liable for the costs.
----- Original Message -----
From: <K4BEV@aol.com>
To: <towertalk@contesting.com>
Sent: Saturday, April 20, 2002 2:08 PM
Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
> In a message dated 4/20/02 12:11:04 Central Daylight Time,
> jimlux@earthlink.net writes:
>
> << On the other hand, given that it is an aesthetic argument, a blanket
ban on
> antennas and transmitters of any kind seems unreasonable, and is worth
> challenging in some fashion, if only because they don't ban the
transmitters
> in garage door openers, cordless phones, and cell phone (handsets), nor
> mobile transmitting. >>
>
> Read your CCR. If it bans "transmitters of any kind", or words to that
> effect, insist that the HOA enforces it! NO cell phones, NO garage door
> openers, NO cordless phones, NO baby monitors, etc.
> Take a witness, keep a log.
> If they won't enforce the rules as written, put up a tower!
>
> Don - K4BEV
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