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Alan Beagley wrote:
Does anybody have any knowledge or experience whether a tower is a "structure," as the term is used in CC&Rs? -- e.g., "No structure may be erected on any of the lots except for a single-family dwelling . . . [then come the size limitations}. No more than one outbuilding may be erected on any lot . . . [then come the size limitations}." Of course it is a structure. After all, even when you apply for a permit in a non-CC&R-infested area, everyone recommends applying for an "antenna support structure", not a tower. Besides, the whole idea behind CC&R's is to prohibit anything other than houses in the neighborhood. The context suggests that "structure" means "building," but if it includes towers, then would it not also include the set-in-concrete basketball hoops that abound in the subdivision? Not to mention the amateur radio tower that is already there on another lot -- but I want to make sure that the owner isn't simply "getting away with it" because he has nice neighbors, whereas we might turn out to have not-so-nice ones. This just means that CC&R's are not being enforced strictly, so any towers you erected, even if you got an official permit for, would be violating them. You'd likely never win against the association if they took you to court, because generally the fact that others are violating them freely does not give you permission to do the same. It's too risky. I'd keep looking if I were you. 73 ... WA7AA -- Anti-spam measu look me up on qrz.com if you need to reply directly |
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