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Steve Bonine · July 22nd 08, 01:58 PM posted to rec.radio.amateur.moderated

wrote:

The way deed restrictions & covenants work in the areas I know of is
that they are recorded when the property is first sold. And of course
one of the restrictions is that each owner has to pass the
restrictions on to the next owner.

But in some cases, the first buyer can say "NO!" to the developer, and
get restrictions removed *before* the sale. So while the rest of the
properties may be restricted, that one isn't.

While this might give you the legal right to erect an antenna (and it
might not; I'm not a lawyer either), I would look carefully at other
factors before considering it. Let me illustrate what I'm trying to say
by building two scenarios:

1. The development has large lots and the neighbors are pretty laid
back. You buy the house and erect an unobtrusive antenna. Your
neighbors don't notice, and the ones who do don't care.

2. You erect a tower on your tiny lot and hang a bunch of antennas on
it, creating what looks like a masterpiece to your eyes and an eyesore
to your neighbors. Since the people who bought in the development are
particularly sensitive to such things, they make your life miserable
even though they have no legal recourse.

The scenarios are deliberately exaggerated to make the point that the
legal situation is only one aspect of living in a community. If the
other members of the community have a strong mindset about what's
appropriate and you're outside that mindset, there will be an issue.
You have to live with these people. If they, as a group, feel strongly
enough that you're acting inappropriately they'll get their way, deed
restrictions or not.

73, Steve KB9X

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