On Mar 17, 12:12�am, "KC4UAI" wrote:
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.

Which is the textbook definition of a "contract of adhesion",
IMHO.

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. *

Another way of making them practically unchangeable.

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..)

This is where real estate differs from other purchases IMHO.
Unlike almost everything else, RE is in limited supply and not
portable. They're not making much more of it, either. Plus you cannot
buy what isn't for sale.

Most of all, RE is often a joint purchase that affects many
people, rather than just one. Getting family agreement is
the reality of most modern families.

KC4UAI does have some possible options besides those
listed:

1) Watch the RE ads and websites looking for a unrestricted
house - and be ready to jump on it if on does appear.

2) Look for brand-new developments, and offer to buy only
if the developer (who almost always is the one who adds
the restrictions) does not include the anti-antenna CC&Rs
on the house. It probably will not have an effect right
away, but after a while the developers might get the
message that they are losing sales because of the restrictions.

3) Save up for the dream house out beyond the restrictions.

4) Figure out ways to get a ruling like the OTARD one for
amateur antennas.

73 de Jim, N2EY