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   Home   Help Search  
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Author Topic: CC + R's  (Read 5234 times)
WB2WIK
Member

Posts: 21836




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« Reply #15 on: August 01, 2004, 06:44:27 PM »

Those last couple of posts were very interesting reading.

My best tip for finding a great home that will also allow for amateur radio antennas and operations is to move in where other hams are already active.  Whatever QRM you might experience is nothing compared with the peace of mind, knowing that you're not doing anything new that the neighborhood isn't used to, and that there's strength in numbers should the community ever turn against you.

When I scouted for my most recent home, I told the XYL and kids, "Look up, for big radio towers.  Let me know when you see some."  And they did.  I ended up buying only blocks from a very active Honor Roll DXCC'er, K6SMF, who already had six towers on his property, some of which could be seen for several blocks.  We experience occasional QRM (quite rarely) but I'm extremely happy to have Neil for a "neighbor."  No matter what I put up, it probably won't top what he's already got.

WB2WIK/6
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N4UE
Member

Posts: 876




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« Reply #16 on: August 04, 2004, 03:18:01 PM »

All this 'advice' about CCRs and HOA is interesting, but flawed.
In my case, I have NO CCRs, NO HOA, another ham in the neighborhood, permission from the County Building and Zoning, etc.
However, one neighbor didn't 'like' the look of my tower. They got 3 other idiots to join in the suit.
Yes it was dismissed, but it cost me thousands of $ to defend myself....
You can be 'in the right' and still lose. Our 'good' neighbors DO have lots of violations, but that's 'different'....
We have been run off the road, threatened, etc. Law enforcement can't do a thing, because they did not observe these actions.....

Just think the worse to protect yourself!!!!


ron
n4ue
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If you're not the lead sled dog, the view never changes......
KA0GKT
Member

Posts: 555




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« Reply #17 on: August 06, 2004, 02:20:05 AM »

1) Title Companies are pretty good, but not as good as a member of the bar.  

Have a Lawyer go through the deeds.  There are attorneys who are also Hams.  Find one and use him.

It will cost you a couple of C-notes ($200.00) or so, but it is really worth it.

If you have the right to put up an antenna, do so and follow the law to the letter.  If one of your neighbors becomes unneighborly and sues you over your legal use of your property, counter sue for a substantial amount and stick it to them.

Good Luck on your house hunting es 73

de KA0GKT/7
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AA4PB
Member

Posts: 14959




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« Reply #18 on: August 06, 2004, 11:03:38 AM »

Unfortunately anybody can so you for almost anything - the question is, can they win the suit. That doesn't make the advice about CCRs "flawed". If you move into a place with CCRs and put up an antenna in violation and get sued, it is almost assured that you will loose and have to take the antenna down. If you don't have CCRs and put up an antenna in accordance with all the local regulations, someone can still take you to court to have it removed but they will likely loose. I suppose maybe you can counter sue for the expenses you encurred defending yourself.
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Bob  AA4PB
Garrisonville, VA
WA4MJF
Member

Posts: 1003




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« Reply #19 on: August 06, 2004, 12:12:06 PM »

Ron, can't you just go to the magistrate
and swear out a warrnt for those who committed
criminal acts.  You can in NC.  Otherwise, since
the police can't be everywhere to see everything,
a lotta criminals would escape justice.

73 de Ronnie
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W0MT
Member

Posts: 198




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« Reply #20 on: August 12, 2004, 06:06:35 PM »

As if you don't have enough to worry about, you must do more than read the CC&Rs. Many CC&Rs contain some simple language such as, "The HOA may adopt Architectural Guidelines to protect and maintain the look and appearance of the property in the HOA. Such guidlines may be adopted and amended by a simple majority vote of the homeowners with each property having one vote."

The CC&Rs may say NOTHING about paint color, antenna, or length of grass. All of that is in the Architectural Guidelines and they can be changed overnight.

There are at least two cautions:
1. Get and read all of the HOA documentation including Architectural Guidelines.
2. Make a decision (assuming there is no current prohibition against antenna) if you want to put something up and face the possibility of the Architectural Guidelines being changed prohibiting antenna.

And note: there is NO general legal principal that says once you have put your antenna up they can't change the rules and force you to remove it. If the CC&Rs say you will comply with the Architectural Guidelines, enforcement is by contract law. You might win and you might not.
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WB2WIK
Member

Posts: 21836




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« Reply #21 on: August 13, 2004, 01:34:15 PM »

W0MT, you're so right about that.

This is why I'm starting to give lectures at radio club meetings on the merits of staying away from deed restricted neighborhoods, and anywhere having an HOA, to begin with.  They can infringe not only on your antennas, but on your lifestyle in a way that might shock a lot of people if all issues are known.

WB2WIK/6
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WN3R
Member

Posts: 17


WWW

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« Reply #22 on: September 18, 2004, 11:28:56 AM »

N3HBX just bought 44 acres for just over a million bucks and he's still defending his right to put up radio towers in a rural section of the county.  We're being chased out of the city, the suburbs, and now the remote countryside.  He has won every suit so far but his new neighbors are not giving up.  There are no CC+R's in sight, yet he is disturbing the viewscape of the other farmettes. Since when does anyone have the right to control as far as he/she can see?

After the county inspectors made me take my antennas down from "their" trees behind my house, I searched for a piece of ground that will support my desires to have a real antenna farm before I leave this earth.  I bought land in another county on top of a mountain.  There are so many trees that I doubt I'll be able to use my tower as a landmark to find the house.  

My theory is the lot not only has to be big it has to have it's own natural screen against tall towers with lots of antennas on them.

Lots of good radio equipment is available today at some pretty attractive prices.  The high cost now is in the land and the legal battles.

Interesting how the FCC can dictate permitting OTA devices to receive everything that has any type of business interest. But the SWL's and hams don't receive the same benefit.
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W9WHE-II
Member

Posts: 1




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« Reply #23 on: October 14, 2004, 11:31:14 AM »

Instead of "suing the agent back to the stone age" why not take a little personal responsibillity?

1) Make the contract for sale contingent on no CC&Rs.

2) have your lawyer peruse the recorded documents and perform a title search for any recorded encumbrances.

W9WHE

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KI7WB
Member

Posts: 1




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« Reply #24 on: May 08, 2005, 03:31:25 PM »

I have a general question regarding CC&Rs.  I'm considering buying a home in a Sacramento, Ca  neighborhood with CC&Rs.  The CC&Rs were written specifically stating that there would be no HOA, and that it would be up to the individual home owners to enforce the CC&Rs.  The developer's web site (www.stanfordranch.com) shows a list of "CC&R Violation" forms that one home owner can fill out and send to another home owner.  The antenna restriction is "a single TV antenna with a 20' mast or less that is unobtrusive to all neighbors"
Assumptions:
1)  I put up a single "TV" mast/antenna for 2/6m SSB.
2)  Hidden antennas in the attic.
3)  Stealthy or nearly invisible wire antennas for HF.
4)  Perhaps a flag pole vertical.
5)  Low power operations, <200W.
6)  There are currently single TV antennas on about 10% of the homes.  Many have small satellite dishes.
What are risks?
1)  Can an HOA form at a later date, even though one is not established or intended by the developer?
2)  If I have antennas up and operate for a number of years without problems, can I later face legal action from a new neighbor trying to enforce the CCR's, or will a history of successful operation give me some protection?
3)  What are the short and long term legal risks?
4)  Are there any federal, state or county rules yet that protect amateurs from restrictive CCRs?  So far it seems that the only protections are via PRB-1 which  apply to state and municipalities.
Any comments are most welcome
73s, KI7WB
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