Call Search
     

New to Ham Radio?
My Profile

Community
Articles
Forums
News
Reviews
Friends Remembered
Strays
Survey Question

Operating
Contesting
DX Cluster Spots
Propagation

Resources
Calendar
Classifieds
Ham Exams
Ham Links
List Archives
News Articles
Product Reviews
QSL Managers

Site Info
eHam Help (FAQ)
Support the site
The eHam Team
Advertising Info
Vision Statement
About eHam.net

   Home   Help Search  
Pages: Prev 1 2 3 [4]   Go Down
  Print  
Author Topic: Rant  (Read 54792 times)
W0MT
Member

Posts: 172




Ignore
« Reply #45 on: August 04, 2013, 07:56:09 AM »

You can get a signed statement from the Realtor there are NO antenna restrictions, NO HOA, etc. I did.

ron
N4UE
Your signed statement is virtually worthless. Here are several reasons why.

CC&Rs create a legal requirement. A Realtor or agent has no power to excuse a homeowner from a legal requirement. If a Realtor or agent could excuse you from one legal requirement, then they could give you a signed statement saying you could distribute illegal drugs or do anything else illegal from your new home. Try explaining that to the judge at your trial.

You MIGHT have a civil cause of action against whoever gave you the signed statement given there are antenna restrictions. You could bring a cause of action for damages. That would be for the costs to you of not being able to have an antenna for your Ham radio activities. The problem here is how are you going to prove that not being able to engage in an activity for which you are not allowed to make any money has cost you any money.

The only benefit I see is that it might make the agent double check if the statement is true. If it turns out to be false you could possibly get the agent in hot water but that would not do anything to get you an antenna.
Logged
W7KKK
Member

Posts: 374




Ignore
« Reply #46 on: August 04, 2013, 08:05:14 AM »

That realtor could go out of business tomorrow or file bankruptcy and where would that leave you?
I think the bottom line is that as a buyer you and you alone have the responsibility to check their requirements for the city/county/state that you live in.  Even then you may talk to somebody that does not realize what you want to erect and could still be in trouble.  I know of them when I checked on accounting rules in Southeast Arizona were a direct and my tower that I had to explain to several county employees that an amateur radio station was not a business.  And before I purchased the land to build my home on I sent a letter to the county asking specific questions and requiring specific answers before I would purchase the property. I think even after doing all of that the county could have come after me if they had made a mistake.
There is no such thing as an absolute in life. 
Logged
KJ7WC
Member

Posts: 69




Ignore
« Reply #47 on: November 25, 2013, 11:09:17 PM »

Why stop there.  Use one of those mobile tower trailers like the one holding up the SteppIR beam at Dayton.


Mark K5LXP
Albuquerque, NM

That thing is a riot, isn't it?! We borrowed it for field day in Seattle. Boy, my neighbors were scratching their heads when I had it parked in front of my house. Shocked)
Logged
N8YQX
Member

Posts: 77




Ignore
« Reply #48 on: November 27, 2013, 11:59:21 AM »

The solution to this is to insist on a clause in the purchase contract that the property is free of any CC&R restrictions or zoning issues that would preclude erection of a tower and/or antenna. Once this is in the contract, you can back out of the sale if you discover such a restriction does indeed exist. A realtor cannot hide potential issues when you have such a provision clearly spelled out in the contract.

Part of my closing document required the seller to reveal all CC&R document by the close of the sale.  Now, my particular HOA does not have any antenna restrictions, but it does have a CC&R.  My seller did not produce any CC&R document at closing, and only provided the cost of the HOA fee.

Now, let's pretend that my CC&R does restrict antennas.  If the seller failed to reveal the CC&R document, and I was busted for my antenna down the line, can I hold the seller financially responsible, including the cost of fighting the HOA or the lien that HOA will place on my house?  Can I make the seller buy back the house?
Logged

73,
N8YQX
W6UV
Member

Posts: 538




Ignore
« Reply #49 on: November 27, 2013, 12:58:20 PM »

Now, let's pretend that my CC&R does restrict antennas.  If the seller failed to reveal the CC&R document, and I was busted for my antenna down the line, can I hold the seller financially responsible, including the cost of fighting the HOA or the lien that HOA will place on my house?  Can I make the seller buy back the house?

Only a lawyer would be able to answer these questions with any degree of confidence.
Logged
K3WEC
Member

Posts: 260




Ignore
« Reply #50 on: November 27, 2013, 08:05:03 PM »

Gimme a break.  Of course you can try to hold anyone responsible that you wish - the American way, huh?    Find a decent lawyer, throw down a $10K retainer  prep for $500/hr after that, and have at it.   You are responsible for complying with the covenants as owner of the property which is governed by same.   You bought it.  The previous owner has nothing to do with it.   

If you want to put up a tower or antenna or whatever, buy a house where there are no restrictions to your doing so.   Trying to sneak something in the back door and hoping you can threaten or sue the HOA or previous owner (gimme a break) into acceptance is pretty weak/laughable.    It's not that I think the covenants are good or right, but THEY EXIST and YOU KNEW IT when you bought it.   If I govern a subdivision in which each resident under covenant has to eat dookie each Tuesday night, and you buy a house in my subdivision, then you eat dookie every Tuesday night. 
Logged
W0MT
Member

Posts: 172




Ignore
« Reply #51 on: November 28, 2013, 12:02:32 PM »

Some facts of life:
1. The owner of real property is subject to any CC&Rs even if that owner was somehow duped into believing that no CC&Rs existed.
2. It makes no difference if a sales contract or a side contract with a real estate agent or anyone else proclaims there are no CC&Rs–once closing has happened, go back and read 1 above.
3. A new owner may sue for money damages. However, someone needs to explain to me the money damages a Ham has for not being able to engage in an activity for which no money may be earned.
4. Voluntary actions taken by the Ham are not compensable. The Ham would not be able to recover punching a hole in the wall because the Ham is so mad. Same thing if the Ham elects to hire an attorney to sue the HOA, the real estate agent, or the previous owner. These are all actions the Ham elected to do.
5. The possibility of forcing the previous owner to buy back the property is as close to absolute zero as you can get.
Logged
ACHANCESW
Member

Posts: 2




Ignore
« Reply #52 on: December 04, 2013, 09:54:32 AM »

Is a portable antenna an option? One you just "crank up" when you are broadcasting and then take down when you are done.

If not, here is what I have learned from dealing with the HOA.

1. It cost money to take someone to court. If they dont have a lawyer on staff, I doubt it would ever get that far.

2. its a lien, so what. Can a HOA legally fine you? All mine could do was pay to have your property cleaned up and then place a lien for the amount. represent yourself and file a motion to have it removed every 30 days (see #1). In my state they only last 5 years and are then removed.
Logged
K1PJR
Member

Posts: 138




Ignore
« Reply #53 on: January 12, 2014, 03:16:56 AM »

I have a Zero 5 vertical. Spray painted it with Rustoleuom camo paint. Deep forest green. Looks great.
Logged
VE3FMC
Member

Posts: 987


WWW

Ignore
« Reply #54 on: January 12, 2014, 12:30:43 PM »

Some hams mount a screwdriver antenna on the car, park it in the driveway, and run the coax and control cable into the house.

Why stop there.  Use one of those mobile tower trailers like the one holding up the SteppIR beam at Dayton.


Mark K5LXP
Albuquerque, NM

Don't forget to hoist the flag to the top!
Logged
K9SRV
Member

Posts: 121




Ignore
« Reply #55 on: January 21, 2014, 05:52:40 PM »

Just a thought. If there are more than a couple hams in a restricted community, why not
Get together over breakfast, go over a plan where you guys use some type of "outbuilding"
In a secluded back/ wooded section of the sub division and draw up some plans that would demonstrate
That no towers need be built, and that a couple of wires at 35-40 feet would suit your needs while
Keeping the visual impact to a mere negligibility!
You could pool your equipment, and present it as a club where all residents are encouraged to stop by
Bring their kids and LEARN! My opinion is CCAs are deathly afraid of towers and monster beams.
If a group gets together and requests a informational meeting with the board of directors, and present it as a
All are welcome, check out what we are about type of thing, you just may succeed! Make sure to bring a world map with prefixes and pins in the entities you have collectively worked then ask the members to show you a quicker way for their kids to learn geography, physics, math, sun activity, propagation etc...

The answer is, there is no better way to get kids to put down the ps3, or Wii, or iPhone or whatever the latest gizmos are. Also, bring a book or two by Cebik. These clowns most likely have no idea the history of ham radio, Tesla, Marconi, and their roles in helping defend our country, thru the use of radio....

Just My .02,
John
K9SRV
Logged
Pages: Prev 1 2 3 [4]   Go Up
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!