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Re: [BULK] - [TowerTalk] CC&Rs

To: TowerTalk <towertalk@contesting.com>
Subject: Re: [BULK] - [TowerTalk] CC&Rs
From: Alan Beagley <AB2OS@att.net>
Date: Thu, 25 Mar 2004 12:49:31 -0500
List-post: <mailto:towertalk@contesting.com>
But what about the current attempts to have something similar to PRB-1 enacted at the State level?

I'll try to scan our CC&Rs -- but keep in mind that this subdivision is now 30 years old (but does have underground utilities). The lawyer I consulted (an ARRL Volunteer Counsel) was surprised that the document is only three pages long, whereas most he sees are 50 pages or so. (Somebody reported that the CC&Rs for a subdivision in Illinois were three inches thick and nobody wanted to let him read them.) The CC&Rs here do place limitations on "structures," but the lawyer said that in the context that means "buildings" only.

I haven't erected a tower yet. We've been here less than six months, and I want to establish a good rapport with the neighbors first. I've only just put up the VHF/UHF vertical and the long wire.

Alan AB2OS


On 03/25/04 12:01 pm Steve Katz put fingers to keyboard and launched the following message into cyberspace:


Of course they did, and FCC's response was they were not going to deal with
this at all, at this time (as of two years ago).  The recommendation was to
approach Congress via your elected Senators and Representatives to see if
someone would float a bill.  That's slowly garnering support, but who knows
if 525 members of Congress can find a simple majority to rule on this?

Normally, in the absence of a Homeowner Association or some owner-elected
body, there is no one to enforce CC&Rs.  These are private deed
restrictions, not involving government agencies.

I'm impressed (and somewhat amazed) your own CC&Rs do not restrict outside
antennas.  If that's really the case, those are great CC&Rs, and very unlike
most I've read.  Could you possibly scan a copy of the docs and post them
somewhere we can download them, to serve as a framework for authoring future
CC&Rs which are more "ham friendly?"  That would be a great service.

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?
_______________________________________________

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