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Old September 20th 03, 07:38 PM
Zoran Brlecic
 
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Alan Beagley wrote:

Does anybody have any knowledge or experience whether a tower is a
"structure," as the term is used in CC&Rs? -- e.g., "No structure may
be erected on any of the lots except for a single-family dwelling . . .
[then come the size limitations}. No more than one outbuilding may be
erected on any lot . . . [then come the size limitations}."


Of course it is a structure. After all, even when you apply for a permit
in a non-CC&R-infested area, everyone recommends applying for an
"antenna support structure", not a tower.
Besides, the whole idea behind CC&R's is to prohibit anything other than
houses in the neighborhood.

The context suggests that "structure" means "building," but if it
includes towers, then would it not also include the set-in-concrete
basketball hoops that abound in the subdivision? Not to mention the
amateur radio tower that is already there on another lot -- but I want
to make sure that the owner isn't simply "getting away with it" because
he has nice neighbors, whereas we might turn out to have not-so-nice ones.


This just means that CC&R's are not being enforced strictly, so any
towers you erected, even if you got an official permit for, would be
violating them. You'd likely never win against the association if they
took you to court, because generally the fact that others are violating
them freely does not give you permission to do the same. It's too risky.

I'd keep looking if I were you.

73 ... WA7AA


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