Yahoo Hosts Anti-HOA Group

Discussion in 'Amateur Radio News' started by Guest, Nov 17, 2002.

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  1. Guest

    Guest Guest

    If somebody purchases a piece of real-estate with "conditions", that persson is bound by the restrictions. It is up to the purchaser to read the "conditions" before the purchase is finalized. If the purchaseur disagreess with the "condions" after the fact, it is their own fault. The major restriction I have in my area is "no hog farming." I like this. Also, "no second domicile". Can you disagree with that? Not Me.

    BB, K5HDG

    PS: I did not go to the web site.
     
  2. KD5SCG

    KD5SCG Ham Member QRZ Page

    My thought is that if youv'e got a title in your name, no-one can tell you what your property should look like other than the requirements of the law. For example: the HOA cannot tell you that you can't have an antenna, but the city or county can tell you that you can't have an antenna if they have a legitimate reason.
     
  3. ka1eze

    ka1eze Ham Member QRZ Page

    The real issue here is not having a law disallowing cc&r's.

    From a logical point of view, someone selling property should not be able to put restrictions or any other connection on it.

    If they want to do that, they should instead lease it. I wish more municipalities would make things that way. It seems restrictions on property is a contradiction to property being sold wholly.

    The point some hams have about not signing if it's there is legitamately countered by the fact that in some areas, it's getting extremely rare to find property without that restriction.

    And finally, even if you agree that cc&r's are ok, listen to this.

    In order to close some houses in my development, they waved some provisions for some people (boats in yard, fencing etc). but not others.

    rick
     
  4. KV4PD

    KV4PD Ham Member QRZ Page

    In the beginning (of the US), land patents, or alloidal ownership was the method of legal claim to property rights. This title was non-transferrable except to members of the 'kingdom' (in the case of royalty) or to the immediate family. Ancestery was the only way a piece of land changed hands.

    Thanks to the "New Deal", Trading with the Enemy Act, 1933, and the Uniform Commercial Code (UCC), the county clerks have been instructed since that time to never divulge the history of 'absolute ownership' via alloidal land title to anyone. Now, most of them have never heard of it, as well as many veteran surveyors.
    Alloidal land title = no taxes. You own it, lock stock and barrel - forever.

    This type of land title applied only to Europe's royal families. The peasants (I'll leave that definition alone for now), were subserviant to the king and 'feudal' in regards to land ownership. You literally had to fight and win it (who could fight the king's army?) or you could pay taxes on it with the appearance of ownership.
    That, unfortunately, is what each and every last one of us is doing now.

    A major enticement for the early colonial settlers to travel across the 'big pond' to the New World was to escape taxation, specifically in the form of absolute ownership of land, and in fact - this becomes the true definition of A REPUBLIC! NOW look around.

    Something has gone seriously wrong.

    HOAs are an extension of plundered rights to be free from taxation and government intervention. Period.

    ke4zjf
     
  5. KD5SCG

    KD5SCG Ham Member QRZ Page

    What happens to you if you break the HOA rules
     
  6. N0XAS

    N0XAS Ham Member QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (kd5scg @ Nov. 17 2002,22:43)</td></tr><tr><td id="QUOTE">What happens to you if you break the HOA rules[/QUOTE]<span id='postcolor'>
    Depends.  In most cases, the HOA *can* sue to force compliance and to recover their costs of suing you.  It's spelled out in the CC&R document, and may vary considerably.  Ultimately they can win a judgement and can have a lien placed on your property.

    In some cases the HOA board will vigorously enforce the rules, in some cases they won't.  Our previous neighborhood had CCR&s, but the board pretty much didn't exist, and no one was interested in enforcing the restrictions.  In this neighborhood, things are different - the HOA is very active in keeping the park, entrances and cul-de-sacs well maintained and making sure some restrictions are observed (mostly advertising and campaign signs, roof materials, junkers parked in the street, etc).  They also organize a lot of neighborhood activities ranging from progressive deck parties to Halloween parades for the little kids.

    How interested they'll be in enforcing the antenna ban remains to be seen.  I haven't put up anything outside yet, but I plan to take a fresh look at that in the Spring.  Umm...  did I mention I'm going to run for president of the HOA board this Spring?  [​IMG]

    73,
    Dale - N0XAS
     
  7. K0RS

    K0RS Ham Member QRZ Page

    Most people appreciate reasonable CCR's, ie: "no hog farming."  The problem in Colorado with covenants and HOA's is there is NO Grandfather provision to protect the homeowner.  An individual can erect a tower that is permitted under the convenants and be forced to remove at a later date should the HOA decided to redraft the covenants.  This sounds crazy, but it happened to KGØKI, even after the he spent about $18,000 in legal fees.  See this link:

    http://hometown.aol.com/nrclog/index.html

    and look for "KGØKI court case pages."

    I purchased a home in a rural subdivision with very reasonable covenants and no HOA.  An HOA formed at a later date and compelled me to join.  How?  Easy, they file a lien on your property and charge alarming interest on any unpaid balance.  That's what happens (to answer kd5scg's question) if you break the covenants or refuse to join.  Have you ever tried to sell a house with a lien or encumbrance?  Fortunately, in my case, they weren't motivated to eliminate my towers, but they could have, since they did redraft the covenants after incorporating.
     
  8. N7MK

    N7MK Platinum Subscriber Platinum Subscriber QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (K0rs @ Nov. 17 2002,22:42)</td></tr><tr><td id="QUOTE">I purchased a home in a rural subdivision with very reasonable covenants and no HOA.  An HOA formed at a later date and compelled me to join.  How?  Easy, they file a lien on your property and charge alarming interest on any unpaid balance.  [/QUOTE]<span id='postcolor'>

    IMHO, it should be illegal for a situation like this to occur.  They shouldn't be able to force anyone to join
    after the fact.  

    Are there any Homesteading statutes there that could have protected you from this?
     

    m
     
  9. W3NU

    W3NU XML Subscriber QRZ Page

    The larger problem with HOA's and CC&R's is that they are spreading fast and wide. This is one of the ways that old legal protections that Americans have always taken for granted get bypassed more and more until they are forgotten and lost. Fast-talking tactics like "would you want a hog farm next door" fool so many people into signing their rights away forever and unchallengably - and this is what is done to the comparatively well-to-do. The poor get their neighborhoods torn down in "urban renewal" and get herded into housing projects where their lives are so rule-bound that it resembles a prison camp. Oh, and one of those rules is "ham radio operation is forbidden". Yes, those very words - I have seen it.
     
  10. K1FPV

    K1FPV XML Subscriber QRZ Page

    In many instances, you may not be given full disclosure statements regarding the CC&Rs at your closing. I wasn't! When I found out, I went to court. At the closing I was given some restrictions, but not the full packet. I didn't know I had an incomplete packet. So I signed the form stating I received the CC&Rs. Because of this, I lost my case in court.

    I had to fight the HOA to put up a TV antenna which was forbidden. I submitted a copy of the FCC ruling allowing them and they finally gave in. I just recently ran for the Board of Directors of my HOA and won. I'm now the Vice-President of the Board of Directors. Trust me, things will change!
     
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