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#1
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HOA and CC&R agreements.
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! |
#2
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HOA and CC&R agreements.
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 |
#3
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HOA and CC&R agreements.
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. |
#4
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HOA and CC&R agreements.
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 |
#5
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HOA and CC&R agreements.
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... |
#6
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HOA and CC&R agreements.
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 |
#7
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HOA and CC&R agreements.
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#8
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HOA and CC&R agreements.
On 10/18/2011 4:59 PM, Phil Kane wrote:
On Tue, 18 Oct 2011 10:23:20 EDT, wrote: 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. There has been a bill to that effect introduced in the last three (or is it four now) sessions and it dies in committee. One of the powerful leaders of the House is a ham. The League is on top of it. Bottom line -- Money talks. OK, I'm going to be the one who opens the box Pandora left lying around: get ready for some fireworks. I'm going to ask a serious, and seriously discomfiting, question - Do Hams _DESERVE_ special treatment? I'm not going to mince words: if we're going to overcome HOA/CC&R restrictions, we need to have a real, believable, valid argument that can convince legislatures and neighbors that we deserve it, and I can't think of one: there are hams seriously dedicated to public service and EmCom, but their numbers are small, and I don't think that hams have enough of a claim on the government's pool of good will to warrant being given special privileges to rescind contract provisions which we don't like. I've written about this before, and it's as applicable to this debate as to arguments about what frequency assignments we're "entitled to", or being excepted from the laws against having a radio that can listen to the police channels, or to getting a discount on vanity license plates. I'm open to suggestions, but I don't see how ham radio can dig itself out of the hole that changing technology and computer-synthesized frequency-agile public safety radio networks have put us in. * It's not enough to say that we know Morse code: even if it were still required, it wouldn't be relevant. *It's not enough to say that we know things that others don't: the expertise which used to be required to make disparate networks and radios inter-operate has been programmed into LSIC chips inside public safety transceivers, and changing them to form a new team is a matter of a few minutes time. * It's not enough to claim that we can carry messages: public safety agencies have had the capacity to communicate outside of disaster areas for years, and "Heatlh and Welfare" traffic is a "feel good" capability that doesn't translate into votes. I'm not saying that ham radio is dead: that's not the question here. The question is if "we" deserve special consideration from the government because we're hams. Look, guys, Pandora left a box behind! Bill, W1AC -- Bill Horne (Filter QRM to email me directly) |
#9
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HOA and CC&R agreements.
On 10/18/11 9:22 PM, Bill Horne wrote:
I'm not saying that ham radio is dead: that's not the question here. The question is if "we" deserve special consideration from the government because we're hams. I agree with your contention. No, ham radio is not dead . . . but we cannot expect any special treatment based on knowledge or abilities that we can provide. Part of this is progress in technology and part of it is our own fault. Developments in technology have reduced the need for what we can offer. Mother Nature still reminds us that our fine technology is at her pleasure, but not often. Hurricane Katrina illustrated the frailty of modern communications, but it also illustrated how things have changed in the role of ham radio in disasters. We no longer are a significant carrier of health and welfare traffic. There are groups that do a good job of public service and obtaining recognition, but they're rare and getting rarer. The general public, and by extension the legislators who make our laws, perceive ham radio in the same way that they knew Citizens Band in its day, and that perception is painfully accurate. If we don't provide a benefit to the public, why should the public make any effort to reward us? 73, Steve KB9X |
#10
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HOA and CC&R agreements.
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... |