D Peter Maus wrote:


SNIPPED


If the CC&R is "provided by the Assembly" is that to be understood as
an agency of government?




The Assembly is an agency of government, yes. The boilerplate CC&R's
provided, as I've read them, are provided as a guideline. Local HOA's
are free to amend them as necessary, or as desired. Or to create CC&R's
of their own.

There are in a number of states, now--Maryland and Delaware among
them--agencies of government which, at least in theory, oversee the
operations of HOA's within the state, and are the authority to which
residents may appeal cases of malfeasance, or abuse. In Maryland, this
agency has relatively broad powers, and works quite effectively at
bringing errant HOA's into compliance. In other states...not so.

In many states, HOA's, and their oversight agencies, are not aware of
the federal exemption protecting TV and small dish antennae, Ham and CB
antennae, and--at least in the opinion of a couple of FCC
Commissioners--shortwave receiving antennae. It's up to the homeowner to
keep current of the regs, rulings and opinions of FCC regarding antennae
for radio hobbycraft. These may be the homeowner's only weapons when
the issue becomes heated on the front lawn.

There is a growing number of books out there, today, regarding the
gathering nightmare of HOA abuse, offering accurate information state by
state, and remedies in the event of abuse. Do a websearch. There's a
LOT of information out there.

Your response goes right to the point. If the HOA is from a government entity
the PRB-1 exemption should be claimed and defended prior to purchase.

Dave wrote:
D Peter Maus wrote:


SNIPPED


If the CC&R is "provided by the Assembly" is that to be understood as
an agency of government?




The Assembly is an agency of government, yes. The boilerplate CC&R's
provided, as I've read them, are provided as a guideline. Local HOA's
are free to amend them as necessary, or as desired. Or to create
CC&R's of their own.

There are in a number of states, now--Maryland and Delaware among
them--agencies of government which, at least in theory, oversee the
operations of HOA's within the state, and are the authority to which
residents may appeal cases of malfeasance, or abuse. In Maryland, this
agency has relatively broad powers, and works quite effectively at
bringing errant HOA's into compliance. In other states...not so.

In many states, HOA's, and their oversight agencies, are not aware
of the federal exemption protecting TV and small dish antennae, Ham
and CB antennae, and--at least in the opinion of a couple of FCC
Commissioners--shortwave receiving antennae. It's up to the homeowner
to keep current of the regs, rulings and opinions of FCC regarding
antennae for radio hobbycraft. These may be the homeowner's only
weapons when the issue becomes heated on the front lawn.

There is a growing number of books out there, today, regarding the
gathering nightmare of HOA abuse, offering accurate information state
by state, and remedies in the event of abuse. Do a websearch.
There's a LOT of information out there.

Your response goes right to the point. If the HOA is from a government
entity the PRB-1 exemption should be claimed and defended prior to
purchase.



Absolutely. But how many really know about that exemption going in?
And frankly, how many really think about this issue when the realtor is
throwing around numbers?

You would. I would. There are others here who would.

But by and large, no. Home buyers, as a group do not consider this
issue when making the purchase. Preferring to bitch after the fact.

Then, again, most HOA's that I've gotten to deal with have been
absolutely unwilling to both answer questions or provide copies of
bylaws and regulations to which they hold homeowners responsible. One
former member, here--who worked at VOA for years, is an active ham and
SWL--lived under the shadow of an HOA which refused to provide him a
copy of the bylaws, even after a ruling in his favor by the Maryland HOA
oversight agency.


You're right. Exemptions and unlawful restrictions SHOULD be claimed
and defended prior to purchase.

It doesn't happen.

wrote:
On Mon, 11 Dec 2006 18:39:30 GMT, D Peter Maus
wrote:

an_old_friend wrote:
D Peter Maus wrote:
Cecil Moore wrote:
Brenda Ann wrote:
Covenant communities should be outlawed.
Actually, all that is needed is for consumers to
reject covenant communities, as I have always
done.

Tough to do, today. In a number of states, Illinois being one, new
developments are required to have HOA's with a standard, boilerplate
CC&R statement provided by the Assembly for simplicity.

when did Illinois do that



That's a good question. I don't believe it was in place when I
bought my house eleven years ago. But I've been hearing it now for a
number of years from sources within both the real estate community, and
media.

it was not inplace in 1992 when I brought in central Illinois

You mean when your daddy bought, don't you?




Pre-existing non HOA communities are forming HOA's to protect
themselves from intrusion by commercial interests that cannot get
traction in other HOA communities.

AND...in at least two counties, here, there are basic CC&R's in place
on undeveloped land, levied by county boards, in speculation that
developers may wish to move that way. Meaning, you can buy a piece of
land in deep weeds, build a home with your own hands, and before you
close the door, be in violation of antenna restrictions. Even though the
nearest neighbor may be an hour away.

glad I left the state a few years back



You are not alone in that sentiment. And I'm not far behind you.

yea around here almost no one cares what sort of anttnenas I put a
small strnge luthern sect hate any and all atennas down to rabbit ear
of a TV

No, they are more worried about the toxic waste dump that is your yard,
Marqueer!