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Old March 17th 07, 05:12 AM posted to rec.radio.amateur.moderated
KC4UAI KC4UAI is offline
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First recorded activity by RadioBanter: Oct 2006
Posts: 118
Default PRB-1 and CCNR's

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.


In all fairness, Yes and no. Did I know about the restrictions? Yes,
however, unless I had asked about antennas, the only thing I would
have been told was that there was a HOA and they collected dues to
support the community pool. But, I really had no other choice at the
time and don't really have one now. There simply are no similar
houses in the area that would not have CCNRs where I could relocate
to.

The problem here is that the CCNR's are not a contract between me and
the HOA per-say, but an agreement with every other lot owner in the
subdivision. This means I could go the the HOA and get an agreement
to alter the CCNRs but my neighbor could still choose to enforce the
CCNRs himself even if the HOA declined. The only way to change the
CCNR's is to get *every* party of the contract (all 250+ lot owners)
to agree. My only real option is a federal rule similar to PRB-1 and
what it does for broadcast and data services. (or wining the lottery
or finding some non-existent house w/o CCNR's that the XYL and I can
live with..)

-= Bob =-