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Re: [TowerTalk] Got a tower/antenna in a CC&R subdivision?

To: towertalk@contesting.com
Subject: Re: [TowerTalk] Got a tower/antenna in a CC&R subdivision?
From: "Kelly Johnson" <n6kj.kelly@gmail.com>
Date: Mon, 14 May 2007 09:05:38 -0700
List-post: <mailto:towertalk@contesting.com>
Oh no...a shed!!!  Oh no, an RV!  We don't want any white trash in our
pristine neighborhood!

I lived in a Townhouse 10 years ago when they were forced to finally
allow 30" satellite dishes.  Did the neighborhood fall apart?  No.
Did property values increase?  Yes.  Did I sell my townhouse after
owning it for 9 years for more than double what I paid for it?  Yes.
But wait, how could that be?  We were forced to allow people to put
those hideous satellite dishes on the exterior.

If the HOA board allows the antenna, then no covenant has been broken.
 There is no "slippery slope".  Sure, it opens the door to others
asking permission for a covenant change, but nothing requires the
board to agree to those future changes.  This is a legal and binding
change of the covenant.


On 5/14/07, Paul Christensen <w9ac@arrl.net> wrote:
> > Last I read there is no evidence whatsoever that
> > anyone's home value anywhere has been diminished
> > by the nearby presence of an Amateur Radio tower.
>
> I believe the larger fear is that a "slippery slope" condition is created.
> First, the ham tower/antenna is erected.  Then, a neighbor seeing the tower
> installation decides to break a covenant by installing a small shed in his
> back yard.  Then, across the street, a boat or large RV find its way to be
> parked at the far end of a driveway .  After that, other covenants are
> broken in succession to the point where they become unenforceable due to
> many legal theories.
>
> So, the one event in and of itself may be harmless, but it can be argued
> that multiple covenant violations will yield impossible enforcement action
> and thus create a condition where lower property values result.
>
> Paul, W9AC
>
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