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Author Topic: CCRs were never registered . . .  (Read 9249 times)
KE5BCG
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Posts: 39




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« on: October 24, 2011, 01:05:23 PM »

I live in a development in Texas where the developer neglected to file, or register the covenants and restrictions. There were also a lot of other things they neglected to do to the houses too, but that's another beef.
Straighten me out if incorrect, but as far as I understand it, the only restrictions I'm under now are building codes and city laws. These could also be a pain, but typically much easier to deal with.
73
Pete
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KA2UUP
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Posts: 388




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« Reply #1 on: October 24, 2011, 01:17:39 PM »

Yep, you are correct.  Just be careful of the self-proclaimed "foremost authorities on what you can and cannot do" with your OWN property.  These self-appointed enforcers, no matter how reasonable you are (work done IAW town regulations and operations within FCC rules) are completely misguided and will make your life impossible.  The "take that eyesore off your property because it bothers me"-type of people are abundant these days.  Talk to the town folks first.  They are very reasonable.

Good luck DE Bert @ KA2UUP
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N3WAK
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Posts: 273




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« Reply #2 on: October 24, 2011, 02:12:02 PM »

Pete:  It seems if you want to know the answer for sure, you should ask a TX real estate attorney.  I doubt if anybody from the city or county administrative offices could answer your question, because that would likely amount to practicing law without a license, and nobody likes to stick their neck out.   

It may be that you signed an acknowledgement that listed deed restrictions when you bought your property.  That would mean that you bought with actual knowledge of the restrictions.  If they weren't recorded, your neighbors (if they cared enough to complain or sue) might have some sort of contractual or equitable cause of action against you.  Or, it may be that the restrictions, although not recorded yet, might still have retroactive effect if filed in the future.  However, I am not dispensing legal advice because I don't know the answer and am not a TX attorney. 

Your safest course would be to consult with an attorney there. 

73, Tony N3WAK
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N2EY
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Posts: 3833




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« Reply #3 on: October 24, 2011, 05:31:23 PM »

KB3TLC is right. A qualified Real Estate attorney is the way to go. There may be all sorts of legal stuff the layman doesn't really understand. (For example, how do you know for sure the CC&Rs were never registered?)

73 de Jim, N2EY
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WX7G
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Posts: 5908




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« Reply #4 on: October 25, 2011, 05:58:36 AM »

This situation is being viewed from a legal perspective only. How about an ethical perspective? The neighbors bought into the neighborhood believing that they would not have to look at amateur radio antennas.
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K2DC
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Posts: 1340


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« Reply #5 on: October 25, 2011, 06:42:41 AM »

IMHO if there are any ethical issues, they all fall on the developer.  If they sold properties leading buyers to believe that the CCR's would be fully enforceable, it was encumbent on them to ensure that they would be enforceable.  It appears that they may not have done that, so any neighbor complaints should go to the developer rather than someone who wishes to defy an unenforceable CCR.

Having said all that... I am not a lawyer and I don't play one on TV (nor did I  stay at a Holiday Inn Express last night).  Get a lawyer with plenty of experience in real estate, deed restrictions, CCR's and local zoning requirements before you buy anything or start throwing things in the air.

GL & 73,

Don, K2DC
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K0OD
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Posts: 2520




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« Reply #6 on: October 25, 2011, 07:54:54 AM »

Been decades since I practiced law and it was in Missouri, not Texas. But I don't believe an unrecorded covenant would be binding on you especially if you bought the land without knowledge of any restriction (or attempted restriction). Did your deed mention an antenna restriction specifically?  Probably not.  

You're in Texas which is famous for allowing unfettered use of land. I know that several major cities in Texas had no zoning laws years ago. I would expect courts there to be very conservative in enforcing limitations on the use of your land.

Quote
The neighbors bought into the neighborhood believing that they would not have to look at amateur radio antennas.
Few buyers read or pay attention to recorded land restrictions, often many pages long, especially those limiting what their neighbors can do.

Yes, talk with an attorney.  
« Last Edit: October 25, 2011, 08:37:04 AM by K0OD » Logged
W3WN
Member

Posts: 179




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« Reply #7 on: October 25, 2011, 11:37:47 AM »

I live in a development in Texas where the developer neglected to file, or register the covenants and restrictions. There were also a lot of other things they neglected to do to the houses too, but that's another beef.
Straighten me out if incorrect, but as far as I understand it, the only restrictions I'm under now are building codes and city laws. These could also be a pain, but typically much easier to deal with.
73
Pete
That sounds logical.  Still, check with an attorney first. 
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W3WN
Member

Posts: 179




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« Reply #8 on: October 25, 2011, 11:42:08 AM »

This situation is being viewed from a legal perspective only. How about an ethical perspective? The neighbors bought into the neighborhood believing that they would not have to look at amateur radio antennas.
One cannot possible know what "the neighbors" believed at the time that they purchased the property, nor can one possibly know what "the neighbors" were told (correctly or incorrectly, legally or illegally) at the time... unless one was present.

Regardless of what they were told, it may come down to what was put in writing in the various contracts, binders, and other documents related to (and including) the deed, and what was or was not registered, and by whom, and when, at the appropriate Recorder of Deeds or similar County or State office.

If the neighbors were misled, or if the developer failed to follow through on registering certain restrictions etc., the one who might be sued might end up being the developer -- not the amateur who may have no legal restrictions about antennas due to the negligence or dishonesty (or both) of the developer.

ONLY a real estate attorney in the affected area will know for certain!
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N5VTU
Member

Posts: 345




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« Reply #9 on: October 25, 2011, 01:02:00 PM »

Pete,

First off, let me say I am NOT an attorney, but you might find this interesting.

The 82nd Texas legislature, which just adjourned in June 2011, amended the laws pertaining to POA's in Chapter 209 of Texas Residential Property Owners Protection Act.  You can search the exact language here - http://www.statutes.legis.state.tx.us/, but in essence, one of the new requirements to come out of this legislative session states that "A dedicatory instrument has no effect until the instrument is filed in accordance with this section."  Effectively a POA's bylaws, articles, rules, and guidelines require official recording. POA’s have until 1/1/12 to comply.

I would take the advice of others who have responded here and consult an attorney or your county clerk responsible for real property matters.  Try to get your antennas up before the POA has a chance to file their paperwork...then you'd be in compliance with the rules and they would not.  The law is on your side here. Smiley

Good Luck,
N5VTU

 
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K4KWH
Member

Posts: 51




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« Reply #10 on: October 25, 2011, 03:54:22 PM »

Pete,

First off, let me say I am NOT an attorney, but you might find this interesting.

The 82nd Texas legislature, which just adjourned in June 2011, amended the laws pertaining to POA's in Chapter 209 of Texas Residential Property Owners Protection Act.  You can search the exact language here - http://www.statutes.legis.state.tx.us/, but in essence, one of the new requirements to come out of this legislative session states that "A dedicatory instrument has no effect until the instrument is filed in accordance with this section."  Effectively a POA's bylaws, articles, rules, and guidelines require official recording. POA’s have until 1/1/12 to comply.

I would take the advice of others who have responded here and consult an attorney or your county clerk responsible for real property matters.  Try to get your antennas up before the POA has a chance to file their paperwork...then you'd be in compliance with the rules and they would not.  The law is on your side here. Smiley

Good Luck,
N5VTU

 

Ya gotta LUV Texas!   Cheesy  Phooey on CC&R's!   Wink Grin

J
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N2EY
Member

Posts: 3833




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« Reply #11 on: October 25, 2011, 06:11:43 PM »

Ya gotta LUV Texas!   Cheesy  Phooey on CC&R's!   Wink Grin


Actually, parts of Texas have lots of them.

Consoder Houston. No zoning codes or similar ordinances.

So what happens is that people put deed restrictions on everything.

73 de Jim, N2EY



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K0OD
Member

Posts: 2520




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« Reply #12 on: October 25, 2011, 07:22:47 PM »

Maybe someone can explain this about Texas:

We took the train to San Antonio about 10 years ago. Amtrak in Texas often runs past the back yards of low income residential neighborhoods. Many of those backyards resembled trash dumps. You'd see stripped cars up on blocks, children's toys, rusty baby buggies and strollers, ancient appliances. I think everyone had car batteries and tires thrown around. Entire yards were devoted to storing junk that couldn't have been worth $100.

I haven't seen that outdoor hoarding behavior elsewhere in the country, even in the poorest neighborhoods. Can anyone explain it?
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N2EY
Member

Posts: 3833




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« Reply #13 on: October 26, 2011, 02:58:13 AM »

K0OD: I can't explain it, but the TV series "Hoarders" shows it goes on all over. (I remember one guy who had literally tons of metals he really did intend to scrap. Trouble was, he wanted market-peak prices, not current prices, even though the peak was years past. He could not let go of the idea that the stuff was worth $X per pound.)

Some possibilities:

1) There's no enforced law against it.

2) The folks think the stuff has value, they will fix it up, waiting for the price of scrap to rise, etc.

3) In some places land is cheap but you have to pay to get rid of stuff, particularly big stuff. So people keep it.

73 de Jim, N2EY
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KE4DRN
Member

Posts: 3710




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« Reply #14 on: October 26, 2011, 04:29:07 PM »

hi,

man was jailed in my county for not cleaning up his yard,
neighbor complained about it, however, you can not see
anything from either home because of all the trees!

http://www.wral.com/news/local/story/10256349/

watch the video.

73 james
« Last Edit: October 26, 2011, 04:31:16 PM by KE4DRN » Logged
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