::No question it pays to buy and move into a neighborhood where if there are
any covenants, at least they're being routinely ignored and there are a lot
of examples of the ignorance. When scouting for a new home, I look at
everything, including "up," and hope to find preexisting towers. If there
are, I knock on the doors of the tower owners and discuss things. An
afternoon so invested yields more information than Realtors could ever tell
you. -WB2WIK/6
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
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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