[BC] Antenna restrictions

[Xen Scott]

At 11:21 AM 7/25/05 -0500, you wrote:
>At 11:21 AM 7/25/05 -0400, you wrote:<SNIP>
>
>> > The code isn't the only thing discouraging new hams.  In my county*,
>> > AFAIK no subdivision started within the past 40 years allows 
>> antennas.<SNIP>
>>
>>  Methinks that should one wish to push it, the subdivision would lose.
>
>   I THINK subdivision would win.
>
>   The restrictions are usually part of the restrictive covenants that are 
> agreed to when purchasing the land and run with the land - FOREVER.

>   By buying the property you agree to the restrictions that are public 
> record at the local court house.


I successfully sued a local government which tried to treat TVRO satellite 
antennas differently
than conventional TV antennas used to receive ground-based TV 
stations.  Conventional TV
antennas were permitted.  Essentially the court ruled that all antennas had 
to be treated the
same way.

CC&Rs are more difficult to deal with because the purchaser of the property 
typically signs
a document agreeing to them.  The document language is usually part of the 
paperwork signed
at settlement.  It is sometimes difficult to determine the full extent of 
the restrictions
because of the complexity of the HOA documents.

My solution has been to include language in the purchase agreement 
providing for the use of
whatever antenna I wish.  That way the purchase can be nullified if the use 
of the antenna is
subsequently disallowed through enforcement of the CC&R.  The language in 
the purchase agreement
serves the same purpose as title insurance.

In many cases the HOA/CC&R language is poorly written and it may be 
possible to work around it.
A skillful and knowledgeable attorney guided by a supportive client can be 
very effective.

Xen Scott