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Author Topic: Looking for a new QTH in Lexington KY. Appears to have no antenna restrictions  (Read 6340 times)
KI4ENS
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Posts: 79




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« on: October 29, 2013, 08:50:25 AM »

Hi,

Looking for a new QTH in Lexington KY.  The neighborhood is Harrods Hills.  THe restrictions do not appear to restrict external antennas.  I do not see any though in the neighborhood.  Am I missing something?

Link to restrictions:
http://www.harrodshill.org/HHNADeedofRestrictions.pdf

#9 is a catch all but does not mention antennas.  "NO noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood"

I am planning on putting up just vertical 2 meter antenna on the house and a Hustler 4BTV on the ground. 

thanks
Max
KI4ENS
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W0MT
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Posts: 166




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« Reply #1 on: October 29, 2013, 12:17:21 PM »

Max,

A couple of observations:

1. There is no HOA established by the covenants. Only lot owners may enforce the covenants. I assume the developer can enforce as long as it owns at least one lot.

2. My experience with developers is that they go out of business after completing a single development. The reason is that it protects them from law suits after the development is finished. They don't stop doing business but merely reform under a new name. That means that the terms that require their approval become meaningless when they close shop.

3. HOAs are often ready and able to bring law suits for violations. The enforcement here would require one of the property owners to sue. It is very unusual for individuals to sue to enforce covenants.

4. I live in an area with similar covenants–no HOA and the developer long gone. Everyone simply ignores the covenants.

5. All of that being said, paragraph 9 could be used to stop you from putting up any antenna. It would require a lot owner who really, really had it in for you. As the covenants do not assign the legal expenses to the loser of a law suit, it would cost whoever wanted to enforce paragraph 9 big bucks.

6. And finally, the writer of these covenants needs to go back to school to learn how to write.

Robert, W0MT
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K6JHU
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Posts: 8




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« Reply #2 on: October 30, 2013, 08:10:33 AM »

Here is what my CCR's say ...

22.    TELEVISION AND RADIO ANTENNAS:

No radio, television or transmission towers or aerials shall be erected, placed or permitted upon  any  lot  within  ******.  This  restriction  shall   not  prohibit   home  type television antennas  not to exceed five (5) feet above the roof of a residence  or dish type antennas located on the ground.

Obviously written before the days of satellite dishes since it allows C-Band antennas :-)
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KI4ENS
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Posts: 79




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« Reply #3 on: October 30, 2013, 05:14:53 PM »

Hi Robert,

Thanks for your informative reply.  It looks promising.  We still have one non-ham concern on the property and the listing real estate agent is no help.  There is obviously a sanitary sewer easement on the property (man-hole).  But neither she or the owner knows how it runs.  So my XYL is going to have to go see if she can pull the survey plat up at the clerks office.  It is annoying,  ask is there covenants?  and the agent does not know.  Ask about if there is a gas main on the street,  ditto.  Ask why half the yard is not used?  Is there an easement or the owner just was too cheap to fence it in?  Ditto again.

thanks
Max
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KI4ENS
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Posts: 79




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« Reply #4 on: October 30, 2013, 05:17:46 PM »

Hi K6JSU,

Yep alot of the newer homes categorically ban ham antennas.  We looked at a new house which allowed a TV antenna of 18 inches but banned any ham antennas.  It was fun to see my XYL tell the agent after she said she loved the house that this was a no go and the agent was wasting our time.

thanks
Max
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AA4PB
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Posts: 12639




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« Reply #5 on: October 30, 2013, 05:49:40 PM »

As a Politian once said "we have to buy the house to find out what's in it".
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WI8P
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Posts: 250




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« Reply #6 on: October 31, 2013, 11:11:47 AM »

Hi Robert,

Thanks for your informative reply.  It looks promising.  We still have one non-ham concern on the property and the listing real estate agent is no help.  There is obviously a sanitary sewer easement on the property (man-hole).  But neither she or the owner knows how it runs.  So my XYL is going to have to go see if she can pull the survey plat up at the clerks office.  It is annoying,  ask is there covenants?  and the agent does not know.  Ask about if there is a gas main on the street,  ditto.  Ask why half the yard is not used?  Is there an easement or the owner just was too cheap to fence it in?  Ditto again.

thanks
Max

Easements are drawn on any surveyor's drawing of the lot and I'd be amazed if the owner doesn't have a copy of it since I'm sure it was required when he/she got their mortgage.  You are correct though that it should also be on file with the county clerk's office.  As for your real estate agent, I'd be asking for a refund since she isn't doing her job. It's perfectly acceptable to not know the answer to a question but totally unacceptable not to find out.  I'd talk to her boss if she has one.
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KI4ENS
Member

Posts: 79




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« Reply #7 on: October 31, 2013, 02:17:51 PM »

 As for your real estate agent, I'd be asking for a refund since she isn't doing her job. It's perfectly acceptable to not know the answer to a question but totally unacceptable not to find out.  I'd talk to her boss if she has one.

This is the seller's agent we have been dealing with.  My agent has been quite good but he has to work via the seller on some things.  He did find out about the gas main for me and is working on trying to get a survey plat.
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AB4ZT
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Posts: 172




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« Reply #8 on: November 01, 2013, 11:10:09 AM »

There is only one correct answer:

Consult a local real estate attorney prior to signing a contract to buy.

73,

Richard, AB4ZT
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