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Re: [TowerTalk] CC&Rs

To: Alan Beagley <AB2OS@att.net>,TowerTalk <towertalk@contesting.com>
Subject: Re: [TowerTalk] CC&Rs
From: Jim Lux <jimlux@earthlink.net>
Date: Thu, 25 Mar 2004 09:44:23 -0800
List-post: <mailto:towertalk@contesting.com>
At 12:09 PM 3/25/2004 -0500, Alan Beagley wrote:
Just out of curiosity (since the legal advice I received assured me that the CC&Rs relating to my home do not outlaw antennas and towers):

I know that attempts are being made in various States to have PRB-1 apply to properties subject to Homeowners' Associations. But what about properties with "Restrictive Covenants," CC&Rs, etc. that outlaw antennas and "run with the land" and are therefore technically enforceable (by whom I am not sure -- by the courts at the instigation of one's neigbors?) even in the absence of a Homeowners' Association? Have the attempts to widen the scope of PRB-1 dealt with this situation?

Alan AB2OS
_

Even if the homeowner's association or contractor that was originally responsible for the creation of the CC&Rs has gone away (bankrupt, etc.), any homeowner in the subdivision/tract/organization can probably sue to enforce the CC&Rs. (I am aware of at least one case where this happened recently) Whether some random person could sue, I don't know. It's all that funny thing of "standing". It would probably be difficult to enforce any provisions of the rules (which are separate from the CC&Rs, but the existence of which is usually mandated by the CC&Rs) that require paying fines or fees (who would you pay them to, if the organization has gone away?).


By the way, not to rain on your parade, but there's nothing keeping an HOA board from making a rule prohibiting antennas at any time, even if the CC&Rs don't say anything about it, because, generally, the CC&Rs contain provisions allowing the board to do just that.



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