Dick Grady AC7EL wrote:

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.


First let's note that CC&Rs are theoretically contractual obligations.
While the terms of a contract may be enforced through either arbitration or
legal process, there can be no criminal liability and hence no chance of
being an accomplice.

2nd, the individuals who need to consult attorneys are those who want to
either enforce the terms of CC&Rs or to avoid their effect.

3rd, I'ld suggest finding out which restrictions apply to a piece of land
before purchasing said property, but there are always exceptions which vary
by state. Some conditions cannot be enforced, while at other times if a
period of time has passed without enforcement, enforcement also isn't
possible.

4th, the ideal solution would be for Congress to direct the FCC to exempt
amateur installations from most such contractual obligations, and then have
the FCC do so, as it did for TV antennas and dishes less than one meter in
diameter. I don't see that happening in the near future, but we as hams can
always hope.