Gene Kearns wrote:
On Tue, 21 Aug 2007 15:54:28 -0400, "JimH" ask penned the
following well considered thoughts to the readers of rec.boats:

We have a HOA in our development. The Association officers are responsible
for contracting out the care and upkeep of the main entrance to the
development (landscaping and sidewalk snow removal) as well as enforcing
Association bylaws. They also review and approve fence and shed
installations. Annual cost to each homeowner is $80.

That is pretty cheap compared to most HOAs.

Folks purchasing houses in the developement are told up front of the
Association and are given a copy of the bylaws.

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

The covenants come with the land. There is no option to dissent from the
covenants.

I don't mind it. It helps ensure we don't get junk cars and trailers parked
in driveways and eventually adds to the worth of my house.

I don't have any of that, now, and I can park my boat in the driveway
and work on it whenever and as long as I want.....

BTW: I can work on or store my boat on the trailer in my driveway for 2
full weeks/year, which is reasonable.

.....which is convenient because if I couldn't, I'd be spending
another $75-$350+/month to slip the boat. That makes that $80 look
like $155-$430+ to me!

On Tue, 21 Aug 2007 19:33:41 -0400, BAR wrote:

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

The covenants come with the land. There is no option to dissent from the
covenants.

Where we've been looking, it seems that neighborhood/development
"associations" are the norm.

And that real estate agents will lie about it.

We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

As the paperwork was being passed around for signatures, the agent
slipped in one that said "association dues" - I asked and yeppers -
there was an association alright - very loosely worded constraints on
what could and couldn't be done with the property.

No thank you.

Lawyers were po'd - not my fault - talk to the agent.

Loser.

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

--Vic

On Wed, 22 Aug 2007 05:50:46 -0500, Vic Smith
wrote:

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

Local ordinaces are superceded by Federal guidelines regarding towers.

As long as I stay within the Federal guidelines, I'm fine.

Association contracts are a bit sticker, but they have been
successfully fought.

"Short Wave Sportfishing" wrote in message
...
On Wed, 22 Aug 2007 05:50:46 -0500, Vic Smith
wrote:

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

Local ordinaces are superceded by Federal guidelines regarding towers.

As long as I stay within the Federal guidelines, I'm fine.



That's what I thought. I suppose it depends on what part of the country you
live in, but here in the People's Republic of Duxbury, local ordinances
supersede Federal guidelines as long as the local ordinances are equal to or
exceed (more restrictive) those of the Fed.

You are allowed to purchase your property, pay the taxes and the upkeep, but
the town determines what you can do and not do with it for the most part.

Eisboch

On Wed, 22 Aug 2007 08:15:43 -0400, "Eisboch" wrote:

You are allowed to purchase your property, pay the taxes and the upkeep, but
the town determines what you can do and not do with it for the most part.

I got into a bit of a tussle with my town's zoning board over the
three 150+ towers I wanted to put up when I was actively contesting.

All it took was one 'phone call from an attorney explaining the site
process, the Federal rules regarding height/safety, etc., all of which
I was well within the guidelines and the problem went away.

The BOZ then tried to pass a local ordinance requiring excessive
safety requirements and they found themselves in a court suit from
another ham in town which cost them a ton of money - poof - away went
the ordinance.

In my case it wouldn't be much of a tower compared to what I had, but
still....

"Short Wave Sportfishing" wrote in message
...
On Wed, 22 Aug 2007 08:15:43 -0400, "Eisboch" wrote:

You are allowed to purchase your property, pay the taxes and the upkeep,
but
the town determines what you can do and not do with it for the most part.

I got into a bit of a tussle with my town's zoning board over the
three 150+ towers I wanted to put up when I was actively contesting.

All it took was one 'phone call from an attorney explaining the site
process, the Federal rules regarding height/safety, etc., all of which
I was well within the guidelines and the problem went away.

The BOZ then tried to pass a local ordinance requiring excessive
safety requirements and they found themselves in a court suit from
another ham in town which cost them a ton of money - poof - away went
the ordinance.

In my case it wouldn't be much of a tower compared to what I had, but
still....

The various town boards here would have a fit and I am sure they would try
every angle to block it despite the Federal rules. I'd love to try putting
up a ham radio tower on my property, just to watch the reactions. I'd tell
them I need to put it in a wetland area to establish a good ground plane.

Eisboch

On Wed, 22 Aug 2007 08:15:43 -0400, Eisboch penned the following well
considered thoughts to the readers of rec.boats:


"Short Wave Sportfishing" wrote in message
.. .
On Wed, 22 Aug 2007 05:50:46 -0500, Vic Smith
wrote:

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

Local ordinaces are superceded by Federal guidelines regarding towers.

As long as I stay within the Federal guidelines, I'm fine.



That's what I thought. I suppose it depends on what part of the country you
live in, but here in the People's Republic of Duxbury, local ordinances
supersede Federal guidelines as long as the local ordinances are equal to or
exceed (more restrictive) those of the Fed.

You are allowed to purchase your property, pay the taxes and the upkeep, but
the town determines what you can do and not do with it for the most part.

Here's how you get yourself in deep doo-doo signing these covenants.

The FCC has an established policy of limited preemption of state and
local regulations governing amateur station facilities..... protection
from local laws that attempt to preempt Federal Statutes.

However, when you sign a CC&R you have *agreed* to be limited by these
covenants and the FCC isn't going to protect you from yourself.

http://wireless.fcc.gov/services/ind...amateur&page=4

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
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Short Wave Sportfishing wrote:
it seems that neighborhood/development
"associations" are the norm.
And that real estate agents will lie about it.

That agent's license is very much at risk.

Rick

On Tue, 21 Aug 2007 19:33:41 -0400, BAR penned the following well
considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:54:28 -0400, "JimH" ask penned the
following well considered thoughts to the readers of rec.boats:

We have a HOA in our development. The Association officers are responsible
for contracting out the care and upkeep of the main entrance to the
development (landscaping and sidewalk snow removal) as well as enforcing
Association bylaws. They also review and approve fence and shed
installations. Annual cost to each homeowner is $80.

That is pretty cheap compared to most HOAs.

Folks purchasing houses in the developement are told up front of the
Association and are given a copy of the bylaws.

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

The covenants come with the land. There is no option to dissent from the
covenants.


Sure there is! Look down and I'll bet you'll see a couple of shoes...
which probably conceal feet. Use them and walk away from the excess
restrictions on your freedom to use your property as you see fit...
and away from the very real possibility of frivolous (or not) civil
litigation.

You have choices. Make a bad one and your neighbors will make your
decisions for you concerning what type of boat you can own, where you
shall keep it, and how it will be maintained.

Maybe you are comfortable with that. I'm not.

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
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