In my case there is no HOA, and I'm not sure there ever was: the CC&Rs
did not establish one.
Alan AB2OS
On 03/25/04 12:44 pm Jim Lux put fingers to keyboard and launched the
following message into cyberspace:
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?
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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