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Re: [TowerTalk] Tower Restrictions

To: towertalk@contesting.com
Subject: Re: [TowerTalk] Tower Restrictions
From: "Alan NV8A (ex. AB2OS)" <nv8a@att.net>
Date: Fri, 01 Apr 2005 12:25:21 -0500
List-post: <mailto:towertalk@contesting.com>
I'm sure that's true, but without an HOA to encorce the CC&Rs, the 
objectors need deep pockets to bring suit.

Further, in the absence of an HOA, there are probably numerous other 
long-standing infringements of the CC&Rs that would make it difficult 
for anybody to demand enforcement of specific provisions. E.g., our 
CC&Rs are very simple (2 pages only; a 30yr-old subdivision), but limit 
the "structures" beside the dwelling to sheds of a specified maximum 
size. But *if* a tower is a "structure" (the ARRL VC I consulted said 
that in the context of these CC&Rs "structures" refers only to 
buildings), so are all the basketball hoops, flag poles and swing sets 
scattered throughout the subdivision -- even apart from the tower 
farther up the street.

Alan NV8A


On 03/31/05 11:03 pm TOMMY HALIBURTON tossed the following ingredients 
into the ever-growing pot of cybersoup:

> Do remember that if you buy a home in an area that has CC&Rs and they either 
> no longer have an HOA and/or have never enforced them, they (CC&Rs) are not 
> "null and void." Lots of people have ended up in court for years believing 
> otherwise and lost. Also remember that HOAs can create (for the good of the 
> whole, sic) future CC&Rs that can cause one real grief. They also have nearly 
> unlimited wealth for court battles. The old adage (modified by me) "Look long 
> and hard before you leap" is apropos.
> 
> While I would never choose to live in a neighborhood with CC&Rs, there are 
> plenty of people who do. It is a matter of choice.

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