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Author Topic: Tower restrictions in a CC&R  (Read 5387 times)
K2XT
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Posts: 39




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« on: July 05, 2012, 06:20:25 AM »

If a rule restricting towers is not written in the CC&R (in the deed, right?) does the HOA have any power to control a tower installation?

The reason I ask is that there is a semi rural area I am considering buying in, and a real estate agent told me the HOAs in that area are very minimally active - their primary concern is road maintenance.  Their fees do reflect that opinion, typically no more than $100-300 per year.  The county has no mention of towers in the county ordinances, so if I take a look at the CC&R (I don't quite know how to do that in the early stages of property shopping, yet) and don't see anything about towers am I safe to assume all I need is an easily obtained building permit?

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K7JQ
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Posts: 300




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« Reply #1 on: July 05, 2012, 08:05:24 AM »

Exercise extreme diligence in investigating CC&R's. Don't take the real estate agents' "minimally active HOA" response....they're trying to sell a property, and will tell you anything to get their commission. The CC&R's don't say anything about towers (but you said you haven't read them?), but what about "antennas"? Look for hidden language.  An HOA is the enforcing agency of the CC&R's. However, even if the HOA is "minimally active", an upset neighbor can still take you to court to remove your antenna/tower, if the CC&R's prohibit them. If you're planning on a visible antenna/tower installation, get a real estate attorney to obtain the CC&R's, read and interpret them, and advise you...not a real estate agent (salesperson). And get everything IN WRITING from the proper authorities (subdivision and municipality) before signing on the dotted line. Again, due diligence is critical in this situation. Good luck.

 
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KF4ZGZ
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Posts: 277


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« Reply #2 on: July 05, 2012, 08:48:24 AM »

If you are home shopping (your wording seems to suggest that) and plan on being an active ham. RUN AWAY FROM ANY TYPE OF HOA!

Not being a butt, but look at all the questions here about dealing with the HOA nazis. Save yourself the trouble and just don't do it.



Matt
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KL0S
Member

Posts: 132




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« Reply #3 on: July 05, 2012, 09:16:47 AM »

During my military career we purchased four homes where I had my HyGain 52SS crank up tower with TH7DX yagi on top installed. First time I already owned the home and just put the thing up without any permits at all (yeah, dumb but it worked!). The next three homes I got smart and ALWAYS made the ability to erect amateur radio towers and antennas a part of the purchase agreement after researching the HOA covenants. One HOA, quite surprisingly, approved our request simply because there was no language in the restrictive covenants that precluded them -- even though they prohibited satellite dishes greater than 1m in diameter! Go figure. We lived there for 12 years before moving to what is hopefully our final QTH where even with 23 acres of land we had to go thru that same deal with the "Architectural Control Committee," thankfully made up of only three property owners, one of which was our seller.  But it took making a change to the covenants that (1) allowed such installations with approval vice "not permitted" at all and (2) then the actual approval of the installation. We used the Virginia state code that covers amateur radio towers and antennas as the exact verbiage in our request. End result was approval in writing and now all I have to do is figure out what new tower and antenna to erect.

YMMV, but you can't go wrong if you get it in writing.

GL - Dino KL0S
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W0MT
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Posts: 169




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« Reply #4 on: July 05, 2012, 05:19:23 PM »

Sometimes CC&Rs say something like, "An Architectural Review Committee (ARC) shall be formed to develop, publish, and enforce architectural standards for the community. Such standards shall be binding on all households in the same manner as if they were included in the CC&Rs.” Notice no mention of antennas, towers, or anything else in the CC&Rs. So in addition to reading CC&Rs, you need to review the architectural standards if there are any. You also need to find out if there are no standards about antennas and towers, could the standards be changed forcing you to remove the tower. Another potential gotcha is that in some states, the CC&Rs can be changed by a vote of some majority of the owners. You might put up a tower, the neighbors decide they don’t like it, the owners vote to prohibit them, and you might be forced to remove it. And as to the comment that the HOA is not very active, raise a tower in the middle of a neighborhood and they might become very active to get rid of your tower.
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WA8FOZ
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Posts: 187




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« Reply #5 on: July 07, 2012, 09:22:20 PM »

I emphatically endorse everything that K7JQ said. You absolutely, positively MUST have a REAL ESTATE attorney. Otherwise, you may be courting some great expenses and disappointments.

Good luck!

73,
Bill WA8FOZ
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KE7AXC
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Posts: 10




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« Reply #6 on: July 31, 2012, 11:48:48 AM »

When I was looking for a house two years ago, I found all of the CC&R documents and plat maps for properties that looked like possibilities online by going to the web sites of title companies that served the area where I was looking.  I was looking at houses 500 miles from where I lived so I did a LOT of online looking to try to narrow the choices (maybe lack of choices) before spending time looking at houses that weren't strong possibilities.

While the emphasis here always seems to be antennas and towers, you may find a lot of other things objectionable.  How about a requirement to keep your garage door closed except when you're actually going in or out, or having your front yard maintained by a lawn care company chosen by the association and paid for in your dues?

The real estate listing will usually give the subdivision name, but I found the county had a website with a lot of that information online, as well as detailed aerial photos with all the property outlines shown.
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KF7CG
Member

Posts: 812




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« Reply #7 on: August 01, 2012, 05:06:56 AM »

I would swear that you were looking in the Columbus, OH area. I had to live two counties away to get clear. City government in Dublin, OH has the garage door thing, too, and a no basketball hoops on the front driveway.

KF7CG
now in  rural TN.
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