[PVRCNC] Antenna advice

[Jim Jordan K4QPL]

As an attorney with a number of years experience in "dirt law," I can
certainly confirm that it is a minefield for the ham who wants to put up an
antenna in a conventional subdivision. Others who have had problems with
covenants are RV owners, boat owners, and business owners, or employees, who
drive a company truck or van with commercial signage. There ARE ways to live
in a nice subdivision and still have a legal antenna. Tips from other hams,
reading the covenants, and getting advice from real estate agents, builders
and developers are all useful---and risky. Risky in two ways. First, you
might think you can when you can't. Other times you can when you think you
can't. Once you've done a preliminary screening of possible areas, get a
good attorney who knows the field from both sides. Ask if he has litigated
covenant cases representing homeowners. Hard to find. Most represent the
"covenant police."  You may not want to fight your way in, but a good
attorney will understand the complexities of the law. Example. The rules of
construction for covenants are different than ordinary contracts. Poorly
drafted covenants with ambiguous terms may not be enforceable since
restrictions on use of land are to be construed against the restrictions and
in favor of owners. Cases have been decided on the placing of a comma or
semi-colon.

Permits. To paraphrase Shakespeare, "To apply, or not to apply, that is the
question." Requirements are Incredibly vague, ambiguous and subject to
overlapping code, local ordinances and exclusions. Planning officers and
inspectors have huge leeway and often consider themselves the annointed
custodians of all knowledge of construction law. Do not be misled. Go back
to first paragraph.

Even for a general discussion, there's far too much for this kind of
reflector posting. I'll try to do an article on the topic for the newsletter
sometime soon if Pete is interested. Although perhaps appropriate, I won't
get it in for April 1.

73,

Jim, K4QPL