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Author Topic: Are CC&R's valid without an active HOA?  (Read 8347 times)
W6TGE
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Posts: 154




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« Reply #30 on: June 05, 2009, 12:02:37 PM »

Well, I agree that talking to the Lawyer next door...a Real Estate Atty. no less...would be a bad idea. I think I am going to try an old R5 Vertical a few feet off the ground and see how well it does. I may just let it go at that!

As I have said, I still have to live here and even if I could get away with a tower after all, I have 2nd thoughts!
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COOWALLSKY
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Posts: 2




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« Reply #31 on: June 20, 2009, 09:18:41 PM »

"I DO have a copy of the CC&R's but they do not show just who to contact. Any names are no longer here, and there is no active HOA any more."

Exactly the same as my case.  I've been in my house since '95 and asked neighbors who/where the HOA was and they couldn't recollect if one was around.
Based on advice from a brother in-law who IS a RE attorney I went to the county to obtain the CC&R's for the subdivision. Turns out they expired in 2008. He said nest to contact the city. I did and they mentioned the need for a permit and weren't sure if I have a 35' ceiling for anything I put up. I wound up putting a J-Pole on a tripod w/ mast that got me to 28' but am going to look into it deeper this summer.

BTW, my brother in-law has been on both sides of the issue with the HOA and said that he's yet to have one HOA prove (by case law) that having the antennas up decreases the property values in the area as is often used by the HOA for having the antenna restrictions.

Get all of the necessary paperwork in line before you do anything time consuming or permanent.
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W6TGE
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Posts: 154




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« Reply #32 on: June 22, 2009, 02:52:05 PM »

Hello:

Same here. We have been in this house since '95.

As I said, we do have to live here so even if I can prove that a small tower would be OK, I would not want any "Stuff: from the neighbors.

I always wonder why "No Antennas" seems to be the only part of the CC&R's that they get upset about! Everyone else can have barking dogs, etc and that is OK!
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