Title restrictions, once put into place, can be extremely tricky to remove.
On 9/27/2012 7:36 PM, Bob Camp wrote:
Hi
The gotcha isn't the neighbors (who you can negotiate with) it's what ever
entity enforces the title restrictions. With the recent dip in sales, that may
be the original developer, still there a decade later ….
Bob
On Sep 27, 2012, at 7:30 PM, David <[email protected]> wrote:
On Thu, 27 Sep 2012 18:59:48 -0400, Jeff Stevens <[email protected]>
wrote:
On Thu, Sep 27, 2012 at 1:27 PM, Hal Murray <[email protected]> wrote:
What do hams do in that environment?
Hams either avoid HOAs and deed restricted property or they live with
the restrictions by placing their antennas in attics and other
inconspicuous locations. There have been attempts by hams to get the
FCC to somehow invalidate or limit deed restrictions and HOA rules
which prohibit antennas and towers which effectively prevent operation
of amateur stations but so far the FCC has steered clear. While the
federal government DOES claim some limited preemption of local zoning
and municipal ordinances (PRB-1), I believe the FCC has chosen to stay
away from meddling with deed restrictions and HOA rules preferring to
consider them voluntary private contracts. According to hams in some
parts of the country, however, they are far from voluntary as in some
areas so much of the residential real estate is deed restricted or
subject to HOAs that there is no practical alternative. With that
said, I believe this year congress actually appropriated a few $100k
to "study the impact" of deed restrictions and HOAs on amateur
operations.
-Jeff
W7WWA
I have heard of cases where the HAM settled for hidden or attic
antenna installations and the resulting interference with their
neighbor's electronics was used to bargain for a more reasonable rule.
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