On Jan 28, 9:32�am, Steve Bonine wrote:
wrote:
What I see happening more and more is that
deed restrictions and
similar one-sided unchangeable contracts are being
used to replace
zoning, nuisance ordinances and building codes.
And I think that's a
very bad thing which must be resisted however possible.

Do you have specific ideas on how this can be resisted?

One way is education: make people aware of the real long-term
ramifications of CC&Rs, HOAs, etc. Particularly when they take the form
of an unchangeable contract.

Such education takes time but it does make a difference in the longrun.

American culture has changed a lot during
the past few decades. �When
did we start seeing the McMansions?

Good question! My guess is the late 1980s.

�The idea of "the perfect house" is
much different now than 30-40 years ago.

What would you say has changed? What did it used to be, and what is
itnow?

The public votes with its wallet.

But often it's not an informed vote. Look at how many people got
themselves into a financial disaster by buying too much house. They
didn't *plan* on that!

�As you point out, if there was
general displeasure with CCRs, houses
with CCRs wouldn't sell. �I don't
see any evidence that CCRs significantly
reduce the sales potential of
the property involved, and their growth
suggests that the general public
views them in a positive light.

I see two factors:

First, the general public often really doesn't understand what they're
getting into. That's been proven time and again.

Second, in my limited experience, CC&Rs tend to *reduce* a home's price
long-term. This mean a restricted house sells for less, making it seem
a better deal.

But what then happens is the owners discover that, with the HOA fees,
pages of rules and lack of flexibility, the place costs more overall.

You may perhaps think my views are pessimistic;
I prefer to consider
them realistic. �As a tiny minority, hams are unlikely to have an
y
effect on the trend to attach CCRs to property. �That's
why I think it's
better to know as much about the system as
possible and learn how to
work within it. �Yes, it can be difficult to work within it. ï
¿½There are
many things in life that are neither easy nor ideal.

Of course we must know the system and how to work within it. We must
also educate other hams; too many don't know the difference between a
township ordinance, a deed restriction and an HOA rule.

But I think there's more that can be done. Legislation is one
possibility. For example, when asked about extending the OTARD ruling
to include ham radio antennas, the FCC essentially responded that hams
should get Congress to instruct them to do it. IOW FCC won't do it
onits own.

There are anti-restrictive-CC&R groups such as one that opposes no-
clotheslines rules.

And there's the media. More than one person has been allowed to have
their flagpole or religious display because the media made an issue
ofit.

73 de Jim, N2EY