Al:
I bought my home in1983 in a deed-restricted neighb orhood, although
K6IR/6 (SK) lived up the street from me at the time. He had a 72 ft
crank-up in his yard on top of the highest hill in my development, so I
figured that any CCRs were unenforced. I bought my home and moved in.
You probably don't want to gamble that the CCRs are unenforced in your
prospective neighborhood. However, I suggest you read through the document
carefully for an expiration date. The CCRs in my neighborhood stated that
they expired 30 years from the date they went into force. So in mid-1996,
they were history. I never received any notice from the HOA (such as it is)
about trying to reinstate said CCRs. I put up the tower in 2001, having
gotten a county building permit for same.
Good luck.
73 de
Gene Smar AD3F
----- Original Message -----
From: <W4ABW@aol.com>
To: <towertalk@contesting.com>
Sent: Saturday, March 05, 2011 3:59 PM
Subject: Re: [TowerTalk] TowerTalk Digest, Vol 99,Issue 12 Towers and
antenna, restricted S/D
>I plan to make an offer on a home in a so called restricted neighborhood.
> The restrictions do not mention towers, antenna, ham radio, sat, dishes
> etc.
> The restriction document is dated 1961.
>
> It does mention other "buildings" and the usual "noxious/nuisances".
>
> The city that the property is located has tower rules but very moderate.
> In
> the back or side yard, guys 5 feet from property lines and towers over 75
> feet need a city permit. No problems here but the city knows nothing
> about
> restricted neighborhoods nor does it care.
>
> I am no lawyer and I wonder if anyone has an idea of what direction I can
> or should take to get this restriction document looked at by someone who
> would know what it really means, if that is possible. A lawyer is one
> choice.
> I guess lawyers don't know much about towers etc.,either. I never met one
> who did.
>
> I have asked around that neighborhood, asked the realtor, everybody but
> the
> mail man and they have no clue as to what a tower/antenna for ham radio
> is.
>
> The property is in Huntsville, AL.
>
> Any ideas ?
>
> Al
> W4ABW
> _______________________________________________
>
>
>
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