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Author Topic: HOA RULES and Regulation  (Read 3718 times)

WB2KSP

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Re: HOA RULES and Regulation
« Reply #90 on: December 02, 2021, 03:26:57 AM »



Although others have given you viable options in your search for a retirement home, I think I understand your dilemma. You want a new (or nearly new) built home, with the latest energy efficient construction, appliances,  and HVAC. Internal wiring for your IT and security needs. Local water, gas, sewer, electric, and internet utilities (no propane, trucked-in water, or septic tanks). Close to needed/desired amenities, with no 5-digit real estate taxes. All the things that purchasing a lot with no CC&R encumbrances and building a custom home on the outskirts of local civilization would prohibit, not to mention the additional financial outlay of such an endeavor over and above a builder's community pricing. Am I on track?


All of those criteria are what almost every buyer wants and none are exclusive only to HOAs, at least not here where he expressed interest.

Then hopefully David can find something in FL based on your statement and previous suggestions. In AZ (Phoenix/Tucson and surrounding areas), 100% of new (or newly built in the last 25+ years) builder's subdivisions are under some kind of HOA/CC&R rules and regulations. Even if a house on the market is advertised with "No HOA", the underlying CC&R's can give a neighbor the right to sue you for a violation...and win.
This may cross into being too judgmental but it appears he doesn’t really want to as he never bothered to look into the list of communities and areas I previously gave him, all of which have homes meeting his stated criteria.


Your assumption is incorrect. Bob hit the nail on the head. I don't care what you call it, whether it be HOA's or CC&R's. It is due to the restrictions put in place by most of these developers that I can not find a home which meets my requirements. I could put an stealth antenna up, IE: sneak up a wire behind mommies back but the limitations are not something I would be happy with. I have 299 entities confirmed using wire and 100 watts but I do miss the days when I had a TH5 on the roof.
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K1VSK

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Re: HOA RULES and Regulation
« Reply #91 on: December 02, 2021, 05:44:14 AM »

Quote


It is due to the restrictions put in place by most of these developers that I can not find a home which meets my requirements.

This has nothing to do with CC&R/HOA restrictions.
Don’t know how much more clearly, and apparently in futility,  I could have stated it. There are a myriad of homes  meeting your criteria not in HOAs in the area you indicated interest.

I’m beginning to think you aren’t comprehending the difference. Or simply refusing to admit it.
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K7JQ

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Re: HOA RULES and Regulation
« Reply #92 on: December 02, 2021, 06:17:25 AM »

Don K1VSK,

To be clear, are you saying that there are *current new builder subdivisions (or those built within the last, say, five years)* in Florida that are totally unencumbered with a HOA or CC&R's? Or CC&R's with no antenna restrictions?
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K1VSK

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Re: HOA RULES and Regulation
« Reply #93 on: December 03, 2021, 07:06:26 AM »

Don K1VSK,

To be clear, are you saying that there are *current new builder subdivisions (or those built within the last, say, five years)* in Florida that are totally unencumbered with a HOA or CC&R's? Or CC&R's with no antenna restrictions?
Developers who establish and build out subdivisions here typically transfer responsibility upon completion to an HOA. What I am trying to say, perhaps not clearly, is that there are many areas of new construction which are not “subdivisions” and still more areas of new/newer homes not in “subdivisions”. So, yes once people understand the connotation of subdivision isn’t necessarily encumbered by CC&Rs.
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K7JQ

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Re: HOA RULES and Regulation
« Reply #94 on: December 03, 2021, 08:19:21 AM »

Don K1VSK,

To be clear, are you saying that there are *current new builder subdivisions (or those built within the last, say, five years)* in Florida that are totally unencumbered with a HOA or CC&R's? Or CC&R's with no antenna restrictions?
Developers who establish and build out subdivisions here typically transfer responsibility upon completion to an HOA. What I am trying to say, perhaps not clearly, is that there are many areas of new construction which are not “subdivisions” and still more areas of new/newer homes not in “subdivisions”. So, yes once people understand the connotation of subdivision isn’t necessarily encumbered by CC&Rs.

OK...then new home building options in Florida must be completely different than here in Arizona. Other than a person purchasing an outlying plot of land with no zoning/CC&R encumbrances and then hiring a custom home builder, every other new home construction here (for the past 25+ years) is in a single-builder "subdivision", or "master-planned community" comprised of multiple builders. "Cookie-cutter" homes, if you may, with different floor plan offerings.

Without question, every one of these have CC&R deed restrictions, and start out with HOA enforcement. Included antenna restrictions are overwhelmingly the norm, if not total. If for some reason an HOA is eventually dissolved by a majority vote of the homeowners, the existing CC&R's are still enforceable by neighbor vs neighbor. Sometimes that could be more contentious and volatile than dealing with an HOA ;).

According to WB2KSP's criteria of living conditions, he'd be SOL if he wanted to move to AZ and have at it with antennas in a newer community. I couldn't begin to comprise a list of places out here that meet his requirements, like you did a while ago.

Bob K7JQ
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K1VSK

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Re: HOA RULES and Regulation
« Reply #95 on: December 03, 2021, 08:53:54 AM »

Don K1VSK,

To be clear, are you saying that there are *current new builder subdivisions (or those built within the last, say, five years)* in Florida that are totally unencumbered with a HOA or CC&R's? Or CC&R's with no antenna restrictions?
Developers who establish and build out subdivisions here typically transfer responsibility upon completion to an HOA. What I am trying to say, perhaps not clearly, is that there are many areas of new construction which are not “subdivisions” and still more areas of new/newer homes not in “subdivisions”. So, yes once people understand the connotation of subdivision isn’t necessarily encumbered by CC&Rs.

OK...then new home building options in Florida must be completely different than here in Arizona. Other than a person purchasing an outlying plot of land with no zoning/CC&R encumbrances and then hiring a custom home builder, every other new home construction here (for the past 25+ years) is in a single-builder "subdivision", or "master-planned community" comprised of multiple builders. "Cookie-cutter" homes, if you may, with different floor plan offerings.

Without question, every one of these have CC&R deed restrictions, and start out with HOA enforcement. Included antenna restrictions are overwhelmingly the norm, if not total. If for some reason an HOA is eventually dissolved by a majority vote of the homeowners, the existing CC&R's are still enforceable by neighbor vs neighbor. Sometimes that could be more contentious and volatile than dealing with an HOA ;).

According to WB2KSP's criteria of living conditions, he'd be SOL if he wanted to move to AZ and have at it with antennas in a newer community. I couldn't begin to comprise a list of places out here that meet his requirements, like you did a while ago.

Bob K7JQ

Because our family is scattered across the US, I know this situation differs widely. I am most familiar with southern Florida where unencumbered so-called developments abut typical HOA communities with no apparent substantive or visual differences. House choices vary widely here regardless. The biggest problem,  likely to get worse, is that demand far exceeds supply. Consequently, finding what someone wants is not much of a problem as is successfully purchasing it.
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N8AUC

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Re: HOA RULES and Regulation
« Reply #96 on: December 03, 2021, 07:14:45 PM »

If you don't mind some cold weather and snow during the winter, you can get some good deals in Ohio.
The snow is only bad here if you live east of the city in what we call "the snow belt". The west side doesn't get
nearly as much snow as the east side does.

I'm near Cleveland. For $200K you can get a decent yard, nice house, and if you're in the same suburb I'm in, there are no antenna restrictions whatsoever, thanks to a prior Fire Chief (now SK) who was a ham and properly schooled the city government on ham radio and antennas. Oh, and unless you get too far out in the exurbs, there are no HOAs to deal with. And my property tax is about $3600 per year.

Cost of living is very reasonable here, plenty of fresh water, and relatively low chance of any kind of natural disaster.

Shoot me an email if you'd like more info. My call sign at arrl.net

73 de N8AUC
Eric
« Last Edit: December 03, 2021, 07:22:37 PM by N8AUC »
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W8LV

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Re: HOA RULES and Regulation
« Reply #97 on: December 03, 2021, 08:09:21 PM »

Ditto on Ohio... Look around Huron and Sandusky if you like the Lake. Around Tiffin is good. Around Newark is good. Around Chillicothe is good. Or if you like Canada and Lake living then Leamington and Kingsville are excellent choices.

Michigan is good: Three Rivers, Boyne City, and there's the ENTIRE U.P.
 

73 DE W8LV BILL
« Last Edit: December 03, 2021, 08:13:38 PM by W8LV »
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K9HOU

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Re: HOA RULES and Regulation
« Reply #98 on: December 19, 2021, 02:01:25 PM »

Going to HOA about equal enforcement of restrictions, ask about;
ring type doorbell cameras
security cameras that send their information via wifi
Wifi systems in most every house
The 800 mc computers that are referred to as phones
All the wireless devices in every house that are mostly radio devices.
Do you have 'smart meters' for your electric?  Another radio with antennas.
Who does not have an AM or FM radio in their house
and do not for get the weather radio or security systems.

I'm Just Asking
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K1VSK

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  • Posts: 1949
Re: HOA RULES and Regulation
« Reply #99 on: December 19, 2021, 02:50:03 PM »

Going to HOA about equal enforcement of restrictions, ask about;
ring type doorbell cameras
security cameras that send their information via wifi
Wifi systems in most every house
The 800 mc computers that are referred to as phones
All the wireless devices in every house that are mostly radio devices.
Do you have 'smart meters' for your electric?  Another radio with antennas.
Who does not have an AM or FM radio in their house
and do not for get the weather radio or security systems.

I'm Just Asking
You are conflating antenna limitations with transmitter/receiver prohibitions.
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K6JH

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Re: HOA RULES and Regulation
« Reply #100 on: December 20, 2021, 12:12:05 AM »

Going to HOA about equal enforcement of restrictions, ask about;
ring type doorbell cameras
security cameras that send their information via wifi
Wifi systems in most every house
The 800 mc computers that are referred to as phones
All the wireless devices in every house that are mostly radio devices.
Do you have 'smart meters' for your electric?  Another radio with antennas.
Who does not have an AM or FM radio in their house
and do not for get the weather radio or security systems.

I'm Just Asking
You are conflating antenna limitations with transmitter/receiver prohibitions.

Sometimes HOA rules are poorly written so as to confuse the two groups.
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73
Jim K6JH

K7JQ

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Re: HOA RULES and Regulation
« Reply #101 on: December 20, 2021, 05:44:56 AM »


You are conflating antenna limitations with transmitter/receiver prohibitions.

Sometimes HOA rules are poorly written so as to confuse the two groups.

All the CC&R's that I've read here in AZ (and I've read a ton of them) specify "prohibition of antennas". Of course the OTARD law exempts TV receiving antennas and small satellite dishes. I guess if a CC&R would additionally specify prohibition of "radio transmitting devices", you'd have a case pointing out all the consumer wireless stuff in the average home mentioned by K9HOU. But then you'd have to deal with a corresponding transmitting antenna prohibition. I doubt if they'd state one without the other. Unless the attorney that drafted the CC&R's was a "D" student at Whatsamatta U, and passed the Bar by memorizing the question pool.

So, you'd win a case allowing your transmitter, but can't have a (visible) antenna to radiate the RF ;). Back to square one....
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