Alan Beagley wrote:

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.

The township has no rules at all for a tower under 70 feet used by a
federally licensed amateur radio operator. They don't even require a
building permit to make sure that it's safe.

If there ever was a Homeowners' Association, it has been defunct for years.

Then you don't have to comply with the CC&R's at all, because there is
no one to enforce them. Make sure it is 100% defunct, though.

And I read of a case where a judge ruled that non-enforcement of the
rules did in fact make the rules of no effect. The HA (or the neighbors)
objected when somebody put up a basketball hoop. When evidence was
presented that there were already 28 basketball hoops in the
subdivision, the judge said that they couldn't suddenly start enforcing
the rules now when they hadn't in the past. (This was not in the same
subdivision, of course.)

Right, but this is the case of a discriminate enforcement of one rule
(iow, the fact that this particular rule was broken would not give you
permission to violate other rules). Unfortunately (or maybe not) for
your case, there are no 28 amateur radio towers in that subdivision.
That's where it gets tricky in the case of a lawsuit with only one other
tower used as a precedent.

But, again, if the HOA is definitely dead, CC&R's are a worthless
document. You may be lucky.


73 ... WA7AA


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