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Author Topic: Found my dream home...  (Read 2660 times)

AC7CW

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RE: Found my dream home...
« Reply #30 on: September 28, 2019, 07:04:34 AM »

Solved (probably) went three minutes outside of town, negotiating price on house, my wonderful wife loves it, lot big enough to accommodate good hf antenna height. Built 1969, not a development, I'll check the deed but not likely any antenna restrictions...
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Novice 1958, 20WPM Extra now... (and get off my lawn)

K7JQ

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RE: Found my dream home...
« Reply #31 on: September 28, 2019, 07:44:43 AM »

Solved (probably) went three minutes outside of town, negotiating price on house, my wonderful wife loves it, lot big enough to accommodate good hf antenna height. Built 1969, not a development, I'll check the deed but not likely any antenna restrictions...

Excellent! But remember, it doesn't have to be a "development", or presence of an HOA, to have CC&R's. Land use restrictions have been around a long time, so check things out carefully.
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WA7PRC

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RE: Found my dream home...
« Reply #32 on: September 28, 2019, 01:59:10 PM »

... my wonderful wife loves it...
The MOST (or only) important thing. :)
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WA9AFM

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RE: Found my dream home...
« Reply #33 on: September 28, 2019, 07:05:19 PM »

If Mom's happy  :D, then everyone is happy!
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K4FMH

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RE: Found my dream home...
« Reply #34 on: September 30, 2019, 09:33:52 AM »

Actually, this is not always the case (realtor repping the seller). I've used a buyer realtor more than once...the two real estate agents typically bargain to split the fee.

Frank
K4FMH

Don't put too.much trust in the Realtor, who after all, represents the SELLER.
Instead, (or in addition!) Hire an ATTORNEY to check and keep you in the clear!
It's MUCH cheaper to hire one to stay OUT of trouble, than to get IN trouble.

You're going to need to avoid all of these Antenna Nazis, untill we get some real legislative reform.

Caveat Emptor:

From: "Amateur Radio Parity Act: Setting the Record Straight"

"... 90 percent of new housing starts in the United States are subject to private land-use restrictions. Virtually all of these have provisions that either prohibit outdoor Amateur Radio antennas outright, or else subject amateurs to the unlimited discretion of Homeowners’ Associations (HOAs) which can, and almost always do, reject requests for outdoor antennas (except over the air video delivery antennas, which they can’t prohibit any longer due to Congressional action in 1996) ..."

73 DE W8LV BILL
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K1VFR

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RE: Found my dream home...
« Reply #35 on: September 30, 2019, 11:29:12 AM »

Actually, this is not always the case (realtor repping the seller). I've used a buyer realtor more than once...the two real estate agents typically bargain to split the fee.

Frank
K4FMH


Nearly ALL realtors represent only one person, THE REALTOR.
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K4FMH

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RE: Found my dream home...
« Reply #36 on: September 30, 2019, 02:10:56 PM »

And...nearly...allows for both a purchasing (buyer) agent as well as a selling agent...

Actually, this is not always the case (realtor repping the seller). I've used a buyer realtor more than once...the two real estate agents typically bargain to split the fee.

Frank
K4FMH


Nearly ALL realtors represent only one person, THE REALTOR.
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W8LV

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RE: Found my dream home...
« Reply #37 on: October 06, 2019, 11:32:58 PM »

K1VSK said: “Rules are rules. We don’t get to ignore those we dislike."

We can get rules we dislike CHANGED under the Rule of Law.

73 DE W8LV BILL
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G3RZP

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RE: Found my dream home...
« Reply #38 on: October 07, 2019, 06:02:55 AM »

Interesting that in the US, anyone can enforce covenants.  I was told by my lawyer that in England at least, a covenant can only be enforced by whoever originally put it on the property. This means that the developer puts the covenant on and then moves on to another development and that often means the covenant is not enforced.
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AC7CW

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RE: Found my dream home...
« Reply #39 on: October 08, 2019, 04:41:16 PM »

Interesting that in the US, anyone can enforce covenants.  I was told by my lawyer that in England at least, a covenant can only be enforced by whoever originally put it on the property. This means that the developer puts the covenant on and then moves on to another development and that often means the covenant is not enforced.

That is interesting indeed. Covenants in the U.S. are put on by the developer to satisfy the lender initially. The situation wherein after that it's a bar fight free for all is not comforting. Possibly hams could get more done by changing that situation [without mentioning ham radio] than they can trying to get people to accept our antennas...
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KR6NU

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Re: Found my dream home...
« Reply #40 on: November 20, 2019, 07:15:47 AM »

Some people seem to equate CC&Rs with HOAs.  They are not the same thing. 

CC&Rs are bound to the property title and are not changeable.  They can and do frequently exist with non-HOA properties.  Most CC&Rs are common sense items (no mining, no raising of livestock, etc.) but one needs to read them carefully. 

HOAs are private contractual entities.  PRB-1 does not "overrule" them.  The property owner agrees to abide by them when he/she buys the house.
 HOA rules and regulations are established by the HOA and can be altered by them at will.
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ND6M

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Re: Found my dream home...
« Reply #41 on: November 20, 2019, 10:57:17 AM »

Some people seem to equate CC&Rs with HOAs.  They are not the same thing. ..edit....
Correct.
Most of the perpetual whiners on here don't seem to understand this BASIC principle.
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K1VSK

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Re: Found my dream home...
« Reply #42 on: November 20, 2019, 02:47:53 PM »


 HOA rules and regulations are established by the HOA and can be altered by them at will.

And they often are altered - both to prohibit things like antennas as well as altering them to allow antennas. Most HOAs have processes and procedures established specifically to modify the rules.

Clearly, only those unfamiliar with the subject think it's only a one-way street.

The HOA is the sole entity contractually and legally entitled to accept/deny changes. What we typically get treated to here are some bozos who aren't in an HOA but feel entitled to insert themselves into other peoples' business (note the irony in that).
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K7JQ

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Re: Found my dream home...
« Reply #43 on: November 20, 2019, 04:58:06 PM »

Some people seem to equate CC&Rs with HOAs.  They are not the same thing. 

CC&Rs are bound to the property title and are not changeable.  They can and do frequently exist with non-HOA properties.  Most CC&Rs are common sense items (no mining, no raising of livestock, etc.) but one needs to read them carefully. 

HOAs are private contractual entities.  PRB-1 does not "overrule" them.  The property owner agrees to abide by them when he/she buys the house.
 HOA rules and regulations are established by the HOA and can be altered by them at will.

Not entirely true. CC&R's are land use restrictions spelling out what can and cannot be done on a property. HOA's are a "governing" body to enforce the CC&R rules and regulations, not "established" by them (HOA). They also generally maintain, usually in conjunction with a professional management company, the common areas of a community with funds provided by community members' dues.

CC&R's CAN be changed by a varying percentage majority vote by the community members. The HOA cannot change the CC&R's "at will", but can provide exceptions or alterations of a CC&R to a homeowner that applies for one through the approval process of an Architectural Committee (if the CC&R's provide for one) of the HOA.

It's important to note that CC&R's are not "boilerplate", and provisions can vary widely between all parcels of land. Before purchasing a property, read and understand them carefully to make sure you agree with all the regulations. Not doing your due diligence can result in a nightmare of problems.

73,  Bob K7JQ
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K1VSK

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Re: Found my dream home...
« Reply #44 on: November 20, 2019, 05:41:11 PM »

My experience is that HOAs can and do exercise their authority by not “changing” CC&Rs but rather modifying them. Similarly, HOAs may provide variances effectively allowing actions which CC&Rs preclude such as installing an antenna.

As a practical matter, this makes any CC&R the HOA as the regulatory and enforcement arm modifies as moot.

The moral of this story is HOAs have flexibility if they chose to exercise it.
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