RadioBanter - View Single Post - PRB-1 and CC&R's

Alan Larson · March 14th 07, 02:46 AM posted to rec.radio.amateur.moderated

In article writes:

IANALB, the way it was explained to me is that Congress is very
reluctant to intercede in what is, in essence, a contractual matter, and
I think that reluctance is justified.

I think homeowners are justified in seeking relief from _government_
regulation of antennas, since such rules are not the sort of thing local
governments do well. Deed restrictions, however, are something I think
the government should stay out of unless there's a _very_ compelling
public interest.

YMMV.

73, W1AC

In some cases, the regulations in CC&Rs are governmental requirements.

Years ago, while looking at houses for sale, I stopped in on a newly
constructed pair of houses on what had been a single large (for the area)
lot. While talking to the selling agent, I learned that there was a
requirement that the houses have no antennas, and that when cable reached
the area, they could not even have TV antennas. (Yes, this was before the
FCC stepped into CC&R issues with broadcst TV antennas.)

I asked why. The explanation was that the city required them to include
those restrictions in order to get the permit to develop as they had.

So, CC&Rs are not always private agreements.

Alan
wa6azp