TX/OK Antenna/Tower CC&R Legislation:
from
ARRL West Gulf Division Legislative Affairs Group
on
July 15, 2008
View comments about this article!
More and more hams live in residential subdivisions governed by deed
restrictions, sometimes known as Covenants, Conditions and Restrictions
(CC&Rs), that prohibit the operation of ham radio stations and that
prohibit the erection of ham radio antennas.
The West Gulf Division believes these restrictions unreasonably infringe
the rights of its members. Accordingly, on June 14, 2008, the West Gulf
Division announced at its Convention Meeting at Ham-Com in Plano, Texas
that the West Gulf Division Legislative Affairs Group intends to introduce
legislation in the 2009 Texas and Oklahoma legislative sessions to eliminate
CC&Rs that prohibit the operation of ham radio stations and the erection of
ham radio antennas in residential subdivisions.
Coy Day, N5OK, Division Director, conducted the Division Board Meeting
before the Convention Meeting to brief all Section Managers. The Section
Managers for West Texas (John Dyer, AE5B) and Oklahoma (John Thomason,
WB5SYT) attended the Board Meeting and pledged their enthusiastic
support for this legislative effort.
This legislative effort will be conducted by the West Gulf Legislative
Affairs
Group, led by Dr. David Woolweaver, K5RAV, West Gulf Vice Director and
Division Legislative Action Chair. John Robert Stratton, KE5ISX will
coordinate
all legislative action in Austin.
But to successfully pass this legislation, the Legislative Affairs Group
needs
information and help from you. If you are affected by CC&Rs, or if you want
to help make it possible to enjoy ham radio without unreasonable CC&R
restrictions, please send an email to
K5RAV@arrl.org AND
KE5ISX@arrl.net.
Include your call sign, physical address and a copy of the sections of your
deed
restrictions/CC&Rs that limit your ability to operate or erect antennas in
the
email. Please send the CC&R copies as PDFs.
If you canšt email the copy of the sections of your deed restrictions/CC&Rs
that limit your ability to operate or erect antennas, please mail them to:
CCR Investigation
PO Box 2232
Austin, Texas 78768-2232.
The Legislative Affairs Group will be forwarding updates once the
legislation
is introduced and throughoutthe 2009 legislative session.
Thanks for the help.
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RE: TX/OK Antenna/Tower CC&R Legislation:
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by N1KEZ on July 15, 2008
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Excellent initiative. It's been awefully quiet from the ARRL on this topic. I hope we'll get the same amount of attention to this as we have on BPL.
Rob
N1KEZ (OR)
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TX/OK Antenna/Tower CC&R Legislation:
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by VK6AV on July 15, 2008
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There is something fundamentally wrong with the entire CC&R concept. No one living under these ever gets to vote for them. After a few years, there should be a vote of the people now living there (not just the developer who doesn't live there) to see if they want it and if anyone wants to make any amendments, with the right for individuals to just opt out or change the CC&Rs. Sometime before I bought my home, a number of lots on the cull-de-sac opted out of the local homeowners association and the CC&Rs. I don't have any information on how this happened but it happened. The idea that everyone has to live with what a developer just "slaps on" (probably just asks his lawyer for some CC&Rs) is bizarre. How many developers have even read these???
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CC&Rs: No Rocket Scienctist Needed Just a Lawy
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by K4RAF on July 17, 2008
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This whining about CC&R's has frosted me ever since PRB-1 was approved.
Don't you people use a closing lawyers? Try talking to them, not to politicians who never will solve your shortsightedness by taking another private property right away!
These are PRIVATE PROPERTY contracts you signed willingly? N-E-G-O-T-I-A-T-E or walk away from CC&R language in a contract!
If honey wants the house so much, be a man, sign on the line & don't whine about it after the fact... Live with what you agreed to by signing!!!
Raf
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RE: CC&Rs: No Rocket Scienctist Needed Just a
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by KE4BIW on July 17, 2008
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Most CC&R documents do allow for amendments by a vote of the property owners. However, if that is your intent, good luck! In the neighborhood we live in we can't even get a quorom of homeowners in person, or even by written proxy, to attend the annual meeting. I know in our situation we'd never get a majority to agree to anything!
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RE: CC&Rs: No Rocket Scienctist Needed Just a
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by N1KEZ on July 17, 2008
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I think that any ham would move if that scenario was realistic. For some folks moving is just NOT an option.
I support the BPL interference efforts for my fellow hams even though I'm not affected. I hope I can count on their support to get a bit more antenna up then a stealthy magnet wire. There is no question that if we as hams work together and actively support each other we would significantly increase our political impact.
Everybody is entitled to their own opinion on this. But K4RAF's suggestion to stop whining and move I find remarkable. The links on his home page make me believe he has commercial interest in high speed wireless internet that rely on external antenna. (that could be restricted....)
Or.. perhaps it's just a trick to lure me into the boonies and solicit me as a customer because Verizon doesn't provide FIOS there.... ;-)
73 Rob
N1KEZ (OR)
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CC&Rs: No Rocket Scienctist Needed Just a Lawy
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by K4RAF on July 18, 2008
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Rob,
I suggested moving? No, I suggested using that rare talent called common sense, to not get there in the first place!
My subs are subject to the FCC OTARD waiver, in which wireless broadband has a defined installation footprint, something that amateur radio can't define for itself because every ham feels "entitled" right?
Get over it cause it will never happen. You will never trump common civil contract law over private property, unless you want to spend all your time in court...
Get it? Got it?
Good... <Mark it down>
Raf
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RE: TX/OK Antenna/Tower CC&R Legislation:
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by KG4RUL on July 19, 2008
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VK6AV writes:
"There is something fundamentally wrong with the entire CC&R concept. No one living under these ever gets to vote for them. After a few years, there should be a vote of the people now living there (not just the developer who doesn't live there) to see if they want it and if anyone wants to make any amendments, with the right for individuals to just opt out or change the CC&Rs."
Excerpt from the CC&Rs in my subdivision:
"1. These convents are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2005. Thereafter, said convents shall automatically renew for successive 10-year periods unless by vote of a majority of the then owners of the lots it is agreed to change said covenants in whole or in part."
Now here is the rub - the County says the ONLY one who can call a legal vote on renewing the Convenants is the HOA! Guess who refused to hold a vote?
The ONLY recourse for those homeowners who wanted to hold a vote is to sue the HOA.
If there is ONE Lawyer left there is one too many!
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