On Mar 10, 11:12 am, Cecil Moore wrote:
KC4UAI wrote:
This is important to me because I live in a deed restricted community
with a very picky HOA.

Did you previously agree to the restrictions?
If so, it is likely a legally enforceable contract
between you and the other party.
--
73, Cecil http://www.w5dxp.com

Well.. If truth be told, I knew in advance about the restrictions.
However, this was *only* because I asked. CCNR's are not normally
disclosed in total prior to writing a contract on a house. Your only
indication that there *might* be CCNR's is that you are told that
there is an HOA who collects dues and how much the dues are. In my
experience, if you see HOA dues, you should assume the CCNR's restrict
antenna installations. And walking away from your contract will cost
you the earnest money if the reason is that you found the CCNR's too
restrictive.

My complaint here is that the CCNR's are all boilerplate and just
about 100% of the builders in the area I live have their standard
CCNR's that they file before they start building. If you want to buy
a house built in the last 5 years or so, almost 100% of them will have
CCNR's that restrict antenna installations that are visible from any
other lot or the street. Almost 100% of houses are built by builders
who's standard operating procedure is to file boiler plate CCNR's
before they even subdivide the land and start building roads.

Further, it's next to impossible to change these agreements. Legally,
you have to get 100% of the lot owners on the original land that the
CCNR got enacted on to agree to modify the agreement. (Can you say
herding cats..) You cannot even go to the HOA and get an "agreement"
here, because if they choose to not enforce the CCNR the guy next door
has the right to take you to court himself. In fact *anybody* in the
neighborhood can.

CCNRs have their place, and I understand that. How else would you get
folks to pay for the community pool. But, I believe that there is a
vested interest in the pre-emption of these agreements in a few more
cases than the FCC has chosen. Amateur Radio being among these few
cases.

-= bob =-