On 09/20/03 02:38 pm Zoran Brlecic put fingers to keyboard and launched
the following message into cyberspace:

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.

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.

The township has no rules at all for a tower under 70 feet used by a
federally licensed amateur radio operator. They don't even require a
building permit to make sure that it's safe.

If there ever was a Homeowners' Association, it has been defunct for years.

And I read of a case where a judge ruled that non-enforcement of the
rules did in fact make the rules of no effect. The HA (or the neighbors)
objected when somebody put up a basketball hoop. When evidence was
presented that there were already 28 basketball hoops in the
subdivision, the judge said that they couldn't suddenly start enforcing
the rules now when they hadn't in the past. (This was not in the same
subdivision, of course.)

-=-
Alan AB2OS