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1-10 of 28 messages
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Seeking opinions on HOA wording
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by WY7I on October 23, 2008
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I need input on what my POA (property owner's assoc.) could incorporate into our CC&R's concerning "external structures" a.k.a. verticals and towers, because they ARE going to do it--I have been invited to comment.
Background: We had nothing restricting antennas, wind turbines, and etc, until I just HAD to put up my tower and cause a scourge upon the land.
Now my neighbor is pushing some kind of POA covenant against "external structures". I have the opportunity to comment. I don't think my towers, etc. are in jeopardy because the CC&R's at the time I bought my QTH are recorded for posterity with the deed. BUT, if anyone else wants to erect "something"...
So, what works? Has anyone got a "good" rule for "external structures" that I can use as a basis for my argument? Life, Liberty, and pursuit of happiness? Anything that may trigger my thought process--I am open to any and all of your suggestions. (Besides killing all of them outright!)
Paul
WY7I
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RE: Seeking opinions on HOA wording
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by KG6WOU on October 23, 2008
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I think you have to push for realistic restrictions - after all, you don't want a 200 foot tall wind-turbine, but YOU got a tower - be rather selfish and short sighted to ban 'em entirely.
QST had a timely article on the subject in the current issue.
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RE: Seeking opinions on HOA wording
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by RONALDBEAL on October 23, 2008
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Be warned... there is precedence that a HOA can retroactively apply restrictions... meaning you would have to take your tower down. So make sure whatever language you push for still includes your current and future plans.
RB
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RE: Seeking opinions on HOA wording
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by KJ4ERY on October 23, 2008
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Contact the legal department at the ARRL. See what input they may have.
Jim K4CAV
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RE: Seeking opinions on HOA wording
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by WA7NCL on October 24, 2008
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Consult an attorny. Consult the ARRL. Getting legal advice for eham is like do it yourself brain surgery.
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RE: Seeking opinions on HOA wording
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by N2EY on October 24, 2008
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I agree with contacting ARRL's legal folks.
Consider also these issues:
1) What does the neighborhood look like - IOW, what's "reasonable"? A 100 foot tower on a lot less than a quarter-acre is different from the same thing on two acres, for example.
2) Build support for freedom among the neighbors. It's one thing to have restrictions based on safety and another to have every little thing you do restricted to a narrow path of righteousness.
3) Think about the definitions. What's a "structure" - does it include a basketball hoop? A garden shed? A lamp post with the house number on it? Fences, retaining walls, birdbaths, clothesline poles, gas grills, outdoor fireplaces, gazebos, flag poles, plant trellises, etc., etc. One way to build support among the neighbors is for them to realize how many things can be restricted by such rules. IOW, what happens when the shoe is on the other foot?
73 de Jim, N2EY
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RE: Seeking opinions on HOA wording
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by KG6WOU on October 25, 2008
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So what would be reasonable? I'm most curious what others think about it. Not so much about antennas but other structures - yard lamp with house number, etc. Statuery [Anyone remember My Big Fat Greek Wedding?]....
I live in a non-HOA are myself, so for us, it's zoning, subject to reasonably easy but expensive variances, however, because I'm on a VERY small lot, in a neighborhood I have no illusions that I'm going to be permitted any sort of real tower. OTOH, I have two very large redwoods in the back yard and a nice tall Sycamore in the front so I have at least one nice big wire antenna support without any work.
My neighbor on one side has three sheds, then next one down has a high-security carport with video monitoring...
Neighbor on other side built a monster struture and blocked our views. We love him. Legal but that's about it.
If I had anything to do with it, I would probably contemplate the following:
Towers: I think it would depend on lot size, very small lots may not be permitted w/out neighbor say so, but once up, replacement owners can not force a take-down. Larger lots I'd have two tiers - easy approval for up to some limit - maybe 35 to 50', then maybe a more detailed for larger units based on some criteria.
Front yards: I have no idea - I've seen HOA's that don't allow overnight street parking or parking on your own driveway. To me that is a bit over the top, but I'd go with only currently registered vehicles permitted might be more realistic, but how about boats and RV's?
It's a way complicated issue and so many values come to clash...have fun!
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RE: Seeking opinions on HOA wording
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by KH6TX on October 27, 2008
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Check with your city/county planning or building code dept and see how/if 'external structure' is defined or referenced. Also check your existent CCRs and any POA design guidelines or such for same; if not defined in these sources, you may be able to recommend definitions and wording to your POA that will preserve your existing tower [?grandfather same and other existing 'structures' of yours or your neighbors?] or allow same IF in compliance with city/county codes.
Good luck es 73
Frank
KH6TX/7
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RE: Seeking opinions on HOA wording
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by WD4HXG on November 3, 2008
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I would oppose any and all action to institute further restrictions. The simple fact of the matter is the toads who push this tripe are nothing more than another variant of Dictatorial Empire builders.
Fight it for all you can as if you allow an inch they will be back for the mile.
And do find an attorney for legal advice as the people who asked for 'YOUR INPUT' may be doing nothing more than offering lip service and waiting for the opportunity to stick a knife in your back.
Yes I am cynical, with reason.
73
Chuck WD4HXG
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RE: Seeking opinions on HOA wording
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by KK5VH on November 7, 2008
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After about a year of politial work on the part of one of our past members who like that sort of thing, we got the ability to put up antennas here in Sun City Texas.
The basis for the granting of the request was that the radio club provided emergency service when disasters strike. News, information and neighborhood contacts were all part of the reasoning behing granting the antennas.
If you would like the file I have created (*.rtf) from the overall document, email me at kk5vh@yahoo.com and I will send it to you. We can actrually put up two antennas, one HF and one VHF/UHF.
Good luck
John
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