[PPRAANet] CC&Rs

[Doug Moloney]

Fellow Amateurs,

Let me say that CC&Rs are, at best, a quagmire.  I don't have any answers
but here are some ideas you might think about while you contemplate how
to encourage Joel Hefley to co-sponsor this bill.

Who initiates CC&Rs?  -  Not only do Home Owner's Associations initiate them
but I believe if you check more deeply you'll find that developers have a
very
heavy hand in the process.  What better way to attract approval from a
regional or city planner or governing body than for a developer to promote
the benefits of CC&Rs.  Things like:  beautiful homes, uniform landscaping,
no cars in driveways, to mention just a few.  Then, how better than to use
this same sales pitch to attract folks who -- for whatever reason -- want
society to protect their investment.

Benjamin Franklin once said, "They that can give up essential liberty
to obtain a little temporary safety deserve neither liberty nor safety."
Remember, those who want CC&Rs are not giving up their liberty  --
just yours!

I have family members who would die without CC&Rs!  I have others
who could not even use their garage to spray paint a small item.  This
family member was also written up for weeds in the BACK yard
exceeding 1 (one) inch!  By the way, someone had to enter a fenced
back yard without permission to measure them.  Where is this
discussion going you might ask?

First, try to find a neighborhood without anti-antenna CC&Rs.  I dare you!
I am fortunate I did find one 26 years ago and would you believe, the
neighborhood is still ok.  How about RV owners?  They, too, are
discriminated against because their hobby doesn't conform to the
accepted model.  How about pet owners?  How about classic car
buffs?  How about socialites who entertain by giving fancy dinner
parties?  Huh!  Get my drift?

What I advocate is this, if we amateurs want to have a way to exempt
our antennas from CC&Rs, we need to allow all others exceptions from
CC&R restrictions for their interests.  Now you probably think I am a
wishy-washy amateur.  NOT CASE!  I am passionate about how selfish
and insecure our society has become.  "Live and Let Live" terrifies them.
It is so incredibly sad.  The bottom line is I am against ALL CC&Rs!
I do admit lack of consideration for neighbors has made an easy path
to CC&Rs.  HINT:  Be considerate!

Now what should be the approach to change Joel Hefley's mind.  If
satellite TV dishes are exempt, then amateurs are being discriminated
against.  No matter how you look at it, someone is being discriminated
against.  This is nothing more than a legal way to select who owns
a home in residential areas.  The government cannot discriminate but
developers and home owner's associations can discriminate.

I wander if we amateurs appeared to be as financially beneficial to
Hefley as Dish Network, TCI, or Sprint Broadband, would we
be met with such opposition to co-sponsoring this bill?

Now the argument!  Dan says that buyers know they buy into these
covenants (no disrespect intended Dan).  My experience is that if the
realtor or developer is asked for a copy of the CC&Rs they usually
try to talk you into waiting for a written copy until closing.  I got the
same answer 26 years ago when I asked to see the CC&Rs for the
home I am currently in.  My son just got the same "bilge water"
answer in Oklahoma.  Anyway, I simply told the realtor that if they
could not show me the CC&Rs, I would find a new realtor.

Why look at them before you buy?  My home was pre-owned.  I read the
CC&Rs and noticed some of them were already violated.  I also
read a clause that said if any CC&R was violated, and, if it
was not properly presented to the home owner's association within
a certain length of time, the CC&R was assumed not challenged
and therefore becomes null and void.  Wow! I had it made even if
there were antenna restrictions.  After all, isn't our world governed
by loop holes (innuendo intended)???  To that end, don't let anyone
sell you a home without first seeing the CC&Rs in writing.  Check
them all out.  Make sure others have not violated a CC&R.  If so,
see if there are clauses that nullify them if not challenged.

I am not too optimistic that non-hams will ever embrace the sight
of an antenna.  We appear to be no different to them than a race
car builder who has a demolition derby car in the driveway.  But,
if we can convince people within our sphere of influence that CC&Rs
are discriminatory for someone and that "live and let live" -- with
respect for our neighbors -- would be a much nicer way to live.

So, what do we do that may be different?  We need to keep
presenting our public service as a valuable asset to the community.
We need to somehow convince more people that CC&Rs always
discriminates against someone.  We need to convince our neighbors
that we want to be good neighbors by being considerate of the
lot size, closeness of houses, etc. when we plan the size of
the tower and antennas we want.

Whatever we do, we do not want to come across as emotional whiners.
I shared my thoughts to hopefully stir up some passion for writing
Joel and others.  Let's not sit back and live out Ben's famous words.
Don't depend on someone else to do it.

Be properly passionate!  Be factual!  Be polite!  The higher up the
political
food chain, the more opposition you face if you bruise their ego!

Facts like the blizzard of 97, the floods of 99, the Hayman fire, the
High Meadow fire, to name a few.  How about 9-11-2001?  Race for
the Cure, Muscular Dystrophy, etc?  If you participated in any of these
you should write Joel and give him factual details.  We don't discriminate.
We don't help just those we like.  We help everyone!

Thanks for listening.  I hope this stimulates more letters and ideas that
will help you articulate YOUR passion with facts about the issue to
Joel and others.  Let's use our "gift-of-the-gab" and energy on Joel
not just amongst ourselves.  I have written him and had virtually
the same response.  However, oceans are filled one drop at a time!

73,

Doug W�MHP
w�mhp@arrl.net