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-   -   CB antenna for my house...Deed restriction... (https://www.radiobanter.com/cb/82078-cb-antenna-my-house-deed-restriction.html)

[email protected] November 23rd 05 03:50 AM

CB antenna for my house...Deed restriction...
 
Where in the Communications Act Of 1996 does it protect me? If this is
the case, Ill put up a 1/4 wave stick.


james November 26th 05 06:03 PM

CB antenna for my house...Deed restriction...
 
On 22 Nov 2005 19:50:58 -0800, wrote:

+Where in the Communications Act Of 1996 does it protect me? If this is
+the case, Ill put up a 1/4 wave stick.

******

The Communications Act of 1996 strtikes down the blacket Clause of "No
Outside Antennae". It does not state that an association can not
restrict against outside antennae. The clause "no Outide Antenna" is
to general. Furhtermore the law also sets forth what antennae that can
not be restricted. These are antennae th at are designed to receive
over the air television broadcast and direct satellite televison
recption.

A homeowners association/ deed restrictions can clarify the struck
down provsion of "No Outside Antennae" by writing regulations and or
deed restriction that specify what is and what is not acceptable.

You need to check with a lawyer and reveiw your deed restrictions
carefully before you do anything. The one certainty that I can say is
if yo uwish to install a 30 cm direct TV dish on you property that is
deed restricted, that deed restriction has been nulified. It does not
give you the right to install a 80 foot tower and put up a phased
array of 8 element yagis for CB or any other CB antennae.

james

[email protected] November 27th 05 03:23 PM

CB antenna for my house...Deed restriction...
 
Thank you James for your advice. My Associations Covenants and By Laws
were written back in 1993. I do not know for sure but I do beleive
that they have not been amended since. If I am right, and Ill have to
check on this to be sure, if there was no amendment to the Covenants
and By Laws as a result of the Communications Act Of 1996, then is it
safe to say that I am covered under this Act?


james November 29th 05 04:36 PM

CB antenna for my house...Deed restriction...
 
On 27 Nov 2005 07:23:33 -0800, wrote:

+Thank you James for your advice. My Associations Covenants and By Laws
+were written back in 1993. I do not know for sure but I do beleive
+that they have not been amended since. If I am right, and Ill have to
+check on this to be sure, if there was no amendment to the Covenants
+and By Laws as a result of the Communications Act Of 1996, then is it
+safe to say that I am covered under this Act?

*****

What you need to do is consult with a lawyer with your deed
restrictions. It would also be nice to get a copy of the public law
and I believe it is 106-106 but I not sure. A seasrch of
thomas.loc.gov should give you a copy of the text.

If in some way your deed restrictions have been weakened, then you are
eventually going to have to deal with your association. Even if you
are in the right I would not exclude them or they will make life a
bitch. Believe me if the board of directors want you out they will
force you out. They will find fault with the smallest of infractions.
Down to the heigth of the front yard grass to how clean your driveway
is. Even your trash cans will become an issue.

james


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