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#1
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On Fri, 14 Oct 2011 17:21:11 EDT, Jeffrey Angus
wrote: Hi Bill. Quite the opposite. I moved out to a location where I can pretty much do what ever I want to. Antenna or other wise. I'm just tired of people moving to some location where they can't have antennas and then whining about how can I get around not having an antenna. Jeff-1.0 wa6fwi WTF business is it of yours where other people live and what they "whine" about? Some people have WAY too much time on their hands. |
#2
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On 10/14/2011 6:16 PM, Kickin' Ass and Takin' Names wrote:
WTF business is it of yours where other people live and what they "whine" about? Some people have WAY too much time on their hands. I guess you don't get it. My point is this: You buy a house, or condo in a development. You sign a large legal document with stipulations as to what you can and can not do. You move in. Then you immediately try and find a way to contravene the legal document you signed. Does having an amateur radio license automatically grant you immunity from contractual agreements? What's next? "I don't have to pay the mortgage this month because I bought a new rig. I have a license." If you bought property that clearly states "No out- side antennas" that means just that. Whether it's a 70' tower, flag pole, garden sculpture or bird house. Jeff-1.0 wa6fwi -- "Everything from Crackers to Coffins" |
#3
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Jeffrey Angus wrote:
f you bought property that clearly states "No out- side antennas" that means just that. Whether it's a 70' tower, flag pole, garden sculpture or bird house. First let's not that most CC&Rs and/or Home Owner Asocciation terms are not clearly stated nor are they easy to discover on your own. I used to see CC&Rs that were recorded on one section of land and then incorporated by reference to the terms on another plot. Home Owner Associations are often have their powers set up by the builder, and many buyers don't discover they are affected by the terms of the HOA until either they run afoul of the terms or they are affected by the deeds or actions of another supposed member. It's not likely that hidden terms will go away anytime soon, but I suggest that a limited life for the existence of cc&rs or Home Owner Associations might not be a bad idea. The concept of something running with the land isn't one most folk readily grasp! |
#4
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In article Art Clemons writes:
Jeffrey Angus wrote: f you bought property that clearly states "No out- side antennas" that means just that. Whether it's a 70' tower, flag pole, garden sculpture or bird house. First let's not that most CC&Rs and/or Home Owner Asocciation terms are not clearly stated nor are they easy to discover on your own. This is why one must insist on seeing the details before signing. Alan |
#5
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Alan wrote:
First let's not that most CC&Rs and/or Home Owner Asocciation terms are not clearly stated nor are they easy to discover on your own. This is why one must insist on seeing the details before signing. If it were that simple, no problem, but convenants and restrictions running with the land are often well hidden. Truthfully a seller only has to be able to legally convey the property and use of the land it sits on, any other deed restrictions are there. Even an attorney who specializes in real estate can miss well hidden CC&Rs or not notice how significant antennas being restricted, or not being able to park an RV in the backyard can be until after it's too late. HOAs can be really problematic, even after you've lived some place for let's say 2 decades, said association can change its rules/regulations and produce results which are really undesirable. The really sad part is that the FCC could decrease restrictions on Antennas and supporting structures rather easily as it did with satellite dishes and less than one meter TV antennas, but I suggest that builders and realty sellers oppose any such change. |
#6
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On Mon, 17 Oct 2011 00:12:54 EDT, Art Clemons
wrote: The really sad part is that the FCC could decrease restrictions on Antennas and supporting structures rather easily as it did with satellite dishes and less than one meter TV antennas, but I suggest that builders and realty sellers oppose any such change. The FCC adopted the OTARD rule for TV antennas and satellite dishes only because The Congress mandated such. We have been trying to get a similar mandate for many years and it's falling on Congressional deaf ears.. The FCC was very clear a few years ago that absent such a Congressional mandate, it will not make such a rule on its own. As for "hidden" restrictions, many states, including California, require that the seller (through agent, if that is how the transaction is made), provide the buyer with a true copy of both the list of CC&Rs and any HOA rules that affect the property and the buyer has the option to review and decline to proceed with the purchase, just as with a title search and home defect inspection. When we bought this house in Oregon, we had our agent's office request that info from the county recorder through a title search company before we even got serious, and we declined several houses which were nicer and newer because there were such restrictions, including one brand new townhouse that screamed "CC&Rs" even though they couldn't find any on file. It's called "exercising due diligence". -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel email: k2asp [at] arrl [dot] net |
#7
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On 10/17/11 3:05 PM, Phil Kane wrote:
The FCC adopted the OTARD rule for TV antennas and satellite dishes only because The Congress mandated such. We have been trying to get a similar mandate for many years and it's falling on Congressional deaf ears. ... They were heavily lobbied by the satellite interest groups who have deep pockets...Murdoch and his ilk. Hams can't offer them anything comparable so we're just SOL... |
#8
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On Mon, 17 Oct 2011 00:12:54 EDT, Art Clemons
wrote: The really sad part is that the FCC could decrease restrictions on Antennas and supporting structures rather easily as it did with satellite dishes and less than one meter TV antennas, but I suggest that builders and realty sellers oppose any such change. The FCC says that they lack the authority to override CC&Rs and HOA agreements as they are between private parties, but that they would override them if Congress passes a law giving them permission. So, let's lobby our federal lawmakers to pass such a law. That's the way the TV industry got the FCC to override CC&Rs and HOAs for TV receiving antennas. Dick Grady, AC7EL |
#9
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#10
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On Mon, 17 Oct 2011 00:12:54 -0400, Art Clemons wrote:
The really sad part is that the FCC could decrease restrictions on Antennas and supporting structures rather easily as it did with satellite dishes and less than one meter TV antennas, but I suggest tha t builders and realty sellers oppose any such change. You can make a mighty fine HF antenna system and disguise it as an OTA receiver antenna. I specifically asked for no deed restrictions when I went house hunting and my realtor found me a great neighborhood full of non-judgmental gear- heads and garage bands. We block off cul-de-sacs and have block parties; not exactly Leisure World... |