On Feb 17, 6:53 am, Dick Grady AC7EL wrote:
On Tue, 16 Feb 2010 17:11:21 EST, KC4UAI wrote:

Personally, I'd not recommend willingly violating *any* contract terms
without legal advice about the risks you are taking.
[snip]
If a ham wants to
take the legal risk and put up stealth antennas to get on the air, I’m
not going to complain. I may even come over and help you with the
setup… I just don’t recommend taking legal risks…

If you help him put up an antenna which is contrary to his CCRs,
wouldn't that make you an accomplice? And maybe equally liable to be
sued? You'd best check this out with your lawyer beforehand.

I'm pretty sure that helping somebody assemble an antenna doesn't
present much of a legal risk for me. There is no criminal issue so I
don't think I would have to worry about my DA charging me with being
an "accomplice" to a crime because the contract violation is a civil
matter and not a crime.

If you wanted me to help you assemble a small tower in your backyard,
contrary to your CC&R's, the HOA is going to deal with you, the
property owner not me. The HOA has no reason to fine me or legal
standing to place leans on my property for a CC&R violation on your
property. I suppose you could try and sue me, but I seriously doubt
any jury in the world would hold me responsible for just helping you
assemble something. I you could try and sue me for that.

Of course, my point really is that you should fully understand the
risks you are taking when you start violating contracts you have
signed. Sometimes the possible consequences make it not worth taking
the risk.


-= bob =-