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Author Topic: Interpret this CC&R!  (Read 40843 times)
K5USF
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Posts: 83




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« on: July 09, 2013, 09:02:17 AM »

Not sure how to read this:

Antennae; Roof Projections.  Except for any antennae, chimneys, vent stacks, or other items or equipment upon or projecting from the roof which are installed by Declarant as part of the initial improvements, no such item or equipment shall be erected or maintained upon the outside of any building on the properties unless the same has been approved by the city.

Any help would be appreciated!  Thx.  73 Jim
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AA4PB
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« Reply #1 on: July 09, 2013, 09:25:31 AM »

It means that you can't add anything projecting above the roof, including antennas, without approval from the city government. Vent pipes and such that were installed during initial construction of the building are excluded from this restriction.
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K5USF
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« Reply #2 on: July 09, 2013, 09:39:16 AM »

I'm thinking of a ground mounted vertical in the back yard near some trees.  This is a two story home.  Thx!
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WB6BYU
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« Reply #3 on: July 09, 2013, 11:18:53 AM »

Quote

... shall be erected or maintained upon the outside of any building...



There is the key clause:  it prohibits antennas, chimneys, etc. being attached to the
outside of any building
after it is built.

As long as your vertical isn't mounted on the building itself, this clause wouldn't
apply to it.
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K5USF
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« Reply #4 on: July 09, 2013, 11:32:19 AM »

Roger that.  That's what I was thinking.  If the trees in the back are tall enough, the vertical will be a wire, rather than a fiberglass pole with a wire.  Jim 73s
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KG4RUL
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« Reply #5 on: July 10, 2013, 04:48:52 AM »

It states that a group of items, described as projections AND including antennae, installed as part of the initial building process, are acceptable.  SO, build your new house with a 60' antennae tower on top and it will be OK!
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AA4PB
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« Reply #6 on: July 10, 2013, 07:05:40 AM »

Except that "new construction" would also have to be approved by the city (building inspectors). It appears to me that this CC&R doesn't apply to anything that is not attached to the building, although there could be others that do.

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AC4RD
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« Reply #7 on: July 10, 2013, 09:16:33 AM »

It appears to me that this CC&R doesn't apply to anything that is not attached to the building, although there could be others that do.

A good point.  There may be a clause in the CC&R that forbids things they call "nuisances" or "unsightly."   And if there is, they've still got grounds to mess with you, if they feel like it.  :-(
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K5USF
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« Reply #8 on: July 10, 2013, 12:56:24 PM »

This is the only other thing:

Nuisances:  No noxious, illegal, or seriously offensive activities shall be carried on within any lot, or in any other part of the project, nor shall anything be done thereon, which may be or may become an annoyance or a nuisance to, or which may in any way interfere with the quiet enjoyment of each owner's lot.

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KG4RUL
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« Reply #9 on: July 10, 2013, 01:11:23 PM »

Except that "new construction" would also have to be approved by the city (building inspectors). It appears to me that this CC&R doesn't apply to anything that is not attached to the building, although there could be others that do.
If this were the County I live in, this CC&R provision would be a Godsend!  Our County has no regulations on towers used for Amateur Radio communications so, the CC&Rs would be the only regulation.
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KG4RUL
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« Reply #10 on: July 10, 2013, 01:16:47 PM »

This is the only other thing:

Nuisances:  No noxious, illegal, or seriously offensive activities shall be carried on within any lot, or in any other part of the project, nor shall anything be done thereon, which may be or may become an annoyance or a nuisance to, or which may in any way interfere with the quiet enjoyment of each owner's lot.

So, when my neighbor's Dog barks, they play their music too loud, they come home at 2:00AM in their car with a loud muffler, the one across the way works on his car and there is a lot of banging and sound of power tools, they barbeque and clouds of greasy smoke drift through my yard, and .......

This is a provision that is so subjective as to be unenforceable.  Besides, what is "noxious, illegal, or seriously offensive" about an inanimate object?
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K5USF
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« Reply #11 on: July 10, 2013, 02:16:55 PM »

I dont believe I have anything to worry about using a wire vertical up a tree and radials in my backyard.  Never heard of the city enforcing CC&Rs, just codes/ordinances.  There are no HOA fees and the developer is long gone.
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AA4PB
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« Reply #12 on: July 10, 2013, 03:01:54 PM »

I don't think you have anything to worry about with a wire antenna either. Before putting up a tower I'd check the county ordnances. They have to give you "reasonable accommodation" but they can require building permits and inspections.
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K7CB
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Posts: 81




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« Reply #13 on: July 12, 2013, 07:50:24 AM »

Maybe I'm missing something here but I didn't think that a CITY entity could ban antennas.  I thought TV antennas would be covered by OTARD and amateur radio antennas would be somewhat protected by PRB-1.
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AA4PB
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« Reply #14 on: July 12, 2013, 08:23:39 AM »

I think it is the CC&R to which he agreed that bans antennas attached to the building UNLESS you get city approval. I suspect the intent was to make sure that anything added to the building meets construction standards and codes.
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