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Author Topic: "flagpole" vertical height  (Read 21844 times)
WO7R
Member

Posts: 3814




Ignore
« Reply #15 on: November 10, 2014, 08:56:43 PM »

Many states have laws that prevent HOAs from banning flagpoles up to so and so height.

If so, that overrides any CC&R.  If, that is, it follows said law.

Also, according to a member of my DX club who had an excellent lawyer, HOAs cannot enforce things that do not affect value, so if something that is approved radiates, the contract language is irrelevant.  Apparently, invisible, legal radio waves aren't a plausible concern.

I would certainly get a lawyer before acting, but in Arizona, land of the HOA, their powers are not (to my surprise) as extensive as they seem.  Moreover, he suggested the lawyer might even get costs from the HOA if they "just sued" so the fear of just being outspent in court, even with a strong legal position, wasn't what it might appear either.

So get on the right side of the law first, because when this guy did, the HOA had to yield.

Effective counsel for the win!  First!
« Last Edit: November 10, 2014, 09:02:49 PM by WO7R » Logged
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