Noxious or Offensive activities: Ham Radio - AntennaRestrictions Forum at eHam.net

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eHam.net Forum : AntennaRestrictions : Noxious or Offensive activities: Ham Radio

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Noxious or Offensive activities: Ham Radio	Reply
by WA7KGX on October 6, 2009	Mail this to a friend!
A CC&R states in section 5: "No noxious or offensive activities shall be permitted or conducted nor shall anything be done thereupon which may become a nuisance or an annoyance to the neighborhood. The use of said premises shall be residential in nature and no noxious, business, or professional activity shall be conducted thereon." This CC&R does not mention wires, towers, antennas, smoking, lawn mowing, peace signs, or religious displays. The lots are an acre or so, well endowed with trees. Given that anything can be objectionable to anyone, how big a deal would this be for antennas and/or a tower? You can see the layout by referencing RMLS number: 9071987

RE: Noxious or Offensive activities: Ham Radio	Reply
by N5LRZ on October 7, 2009	Mail this to a friend!
Quite easily..... HOA Committee says no antennas its NO ANTENNAS PERIOD< END OF GD DISCUSSSION.

RE: Noxious or Offensive activities: Ham Radio	Reply
by KF7CG on October 7, 2009	Mail this to a friend!
N5LRZ said "Quite easily..... HOA Committee says no antennas its NO ANTENNAS PERIOD< END OF GD DISCUSSSION. " Sorry, OM the discussion isn't about HOA rules! It is about a recorded CC&R which is a beast of a different color that often hangs out with the HOA. The "NOXIOUS" part is not so bad it has accepted interpretations and covers mainly things like Hog farms, Tanneries, Poultry farms, and Adult Entertainment extablishments. The "Nuisance and Offensive" part is more of a worry since these words are much more open to interpretation. RFI could cause Amateur Operation to be restricted even if the antennas were permitted. It is the part of the CC&R package that allows the neighbors to sue when ever they are sufficiently in a bad mood and have the money. This being said, that particular wording appears on the deeds of many properties in areas subdivided from farmland in the late 40s through the 50s. This is a kind of zoning by CC&R but not nearly as precise. That CC&R is a possible loaded gun, but again maybe not. It doesn't expire but what is a nuisance or offensive is likely to change over time and is open for a court's interpretation. KF7CG KF7CG

RE: Noxious or Offensive activities: Ham Radio	Reply
by KJ6AMF on October 7, 2009	Mail this to a friend!
Can you mount your antennas so that they are not visible outside the property, i.e. obscured by your home and trees? If so, and assuming you don't have a problem with RFI in your neighbor's electronics, you should be safe because then they would have no basis for a claim that your hobby is noxious or offensive.

RE: Noxious or Offensive activities: Ham Radio	Reply
by KG6WLS on October 7, 2009	Mail this to a friend!
I'm going to sit on the fence and watch this one grow. Popcorn, please!! :0)

RE: Noxious or Offensive activities: Ham Radio	Reply
by W3ERE on October 11, 2009	Mail this to a friend!
Did N5LRZ even take the time to read the post before he started his rant? Ed w3ere

RE: Noxious or Offensive activities: Ham Radio	Reply
by N5LRZ on October 12, 2009	Mail this to a friend!
RE ERE... IF the original poster does not like what the HOA says that he WILL DO weitheir he likes it or not then he and or she can turn in their amateur license to the FCC. Contractual Law should and ougtht to be superior to individual desires.

RE: Noxious or Offensive activities: Ham Radio	Reply
by KF7CG on October 12, 2009	Mail this to a friend!
N%LRZ --- You still don't read! No where did the original poster mention an HOA. He did mention the intentionally non-specific terms of a deed restriction. Deed restrictions are often tied to HOAs, but they do not have to be. The particular clause he is citing appears in the deeds of most residentially zoned properties. It was used extensively in the 40s, 50s, and 60s to prevent hog farms, and adult entertainment establishments from appearing in housing areas. It is open to interpretation and that is what he is talk about and asking for. GO KISS a HOA! KF7CG

RE: Noxious or Offensive activities: Ham Radio	Reply
by KB3HJK on October 12, 2009	Mail this to a friend!
LRZ - Isn't the purpose of this forum to find a way around antenna restrictions? Who the hell needs a finger-wagging lecture pointing out the obvious. We are all painfully aware of the obvious. Many here are not aspiring Eagle scouts.

RE: Noxious or Offensive activities: Ham Radio	Reply
by EIRIKR1 on October 12, 2009	Mail this to a friend!
>Contractual Law should and ougtht to be superior to individual desires. < But the definition of contract law is (supposedly) two equal individual entities entering into a mutually beneficial relationship described by the contract for the benefit/goal that both desire. Contracts have been invalidated when one entity has too much power over the other, or superior influence... you attack any opinions of ##should## this or that with "that's the way it is, like or not, now shut up" and then post the above with "should be superior" in direct contradiction. btw, expecting private contracts "to be superior to individual desires" is a bit communist, eh?

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