Easements and HOA (HOA's) Home Onwers Assocaition's STAY AWAY!!

[Oaktree]

Perhaps, but I wouldn't want my well located on my neighbors property. It's great that you don't have a problem with it now, however, sooner or later, something may change that one of you may have a problem with.

Ideally, I'd like my well to be on my property, but the current arrangement has worked well for decades, can't see why it wouldn't continue to. You can "what if" anything to death. I wouldn't call the guy who owns the land a friend, but we get along OK.
It's a good well, spring-fed...best tasting water I've ever had, and it sits at an elevation such that I have enough pressure from gravity alone. Not having to hassle with a pump, pressure tank, etc. is incentive enough to work thru any issues that might come up in the future.

Zoning is bad enough but how about when the towns and countys get into the "PLANNING"
game and then go overboard in the passing and enforcing of regulations.
Elected officials wanting something and not having the hair on there a**es to do it, so lets
create a planning board and give them legislative authority without being elected, then when
people complain "we" can say sorry we didn't do and the planning board is "independent"

As a member of my town's planning board (such as it is) I can say they serve a purpose. All our meetings are open to the public, and anything to do with zoning must be approved by the voters, per state law. Members are appointed by the board of selectmen, who are elected officials. These boards are not in an enviable position...nobody wants to be told what they can or can't do on their own land, but the same people get their shorts all in a knot if someone wants to put in a wind farm or landfill. It's not the wild west, you've got to have rules.

Last year while visitng my cousin in Florida on vacation (retired who was a HAM enthusiast), I asked him what the one wire was running from his house that was "hidden" (I forgot what he had on it, like vines or plants of some sort) and he laughed and mentioned "that's for my radio, the home owners association doesn't like that".

The HOA has no say. The telecommunications act of 1996 specifically bans such organizations from restricting tv antennas and the like. A transmitting antenna may fall outside of that ruling, but the HOA doesn't need to know that it's anything but a receive antenna.

The "plantation" I moved to has 1 restriction in the deed.. NO children.!! seriously, it says NO children..

Is it marketed as an adults-only community? Quite common in areas popular with retirees. Adults only pretty much means no children.

 

[Sigarms]

The HOA has no say. The telecommunications act of 1996 specifically bans such organizations from restricting tv antennas and the like.

You appear to know more about HOA's than I do, however I have enough common sense to know that the HOA can really come up with anything they want. The question becomes if you want to fight it or not.

My cousin is a retired oral surgeon, pretty sharp cookie IMO (who also has his pilot license) and if he's hiding a wire because of the HOA, there is a good reason for it.

 

[Diggin It]

And likewise when I put up a 40 foot tower with antennas on it, it isn't any of my neighbors business either.

If it transmits and causes interference, it's my business and it will be the FCC's I can assure you of that. I won't need an HOA either.

 

[k0ua]

If it transmits and causes interference, it's my business and it will be the FCC's I can assure you of that. I won't need an HOA either.

And 99 percent of interference complaints are the fault of the equipment receiving the interference. It is up to you as the interfered with party to work with the owner of the transmitter to solve the interference complaint. And it best to do so with an open mind so you can enlist his aid and experience. If he doesn't have the experience to solve the problem at least he has some resources he can call on for assistance. The ARRL is one such resource.

You won't receive much assistance from the FCC and I can assure you of that. And I am serious about the 99 percent. And if you take an attitude, and the owner of the transmitter is not at fault he is within his rights to tell you to pixx off and you can be left to solve the problem yourself. You will get a lot more assistance and help with a good attitude of "lets solve this" vs, "I am going to call the FCC". You will get an education real quick about calling the FCC. And no you will not need an HOA either.

 

[Steppenwolfe]

I think you stated that very well. There is always some SOB that wants to control you just because he can. You know like a tire over off the driveway into the grass, or 5 cars out front during Thanksgiving.

Sure there might be things I don't like about what a neighbor does with his property, but then I just remember, I didn't pay for his property, I don't pay the taxes and I don't make the mortgage payment either, and it just isn't any of my darn business. And likewise when I put up a 40 foot tower with antennas on it, it isn't any of my neighbors business either.

If I want to work on my tractor in my driveway, that isn't anyone's business either. People that try to control the actions of others because they don't agree with their thoughts or ideas just need to leave folks alone.

:thumbsup:

 

[aczlan]

If it transmits and causes interference, it's my business and it will be the FCC's I can assure you of that. I won't need an HOA either.

You MIGHT want to look closer at the FCC part 15 rules, here is the sticker on a electronic device that I have sitting on my desk:

Note part 2 "this device must accept any interference received, including interference that may cause undesired operation"
As a unlicensed device, it is the responsibility of the device to deal with interference.
A licensed amateur radio operator does not have those restrictions as long as they are transmitting within the power and frequency limits for their licensed frequencies (ie: their antenna feed line is not "leaking" and transmitting on the wrong band).
If your unlicensed equipment cannot handle the interference from properly functioning equipment belonging to a licensed user (be it an amateur radio operator, a radio station, a TV station, police officer, weather/airport radar, etc), legally speaking that is YOUR problem, not theirs and the FCC will tell you that. Now,an amateur radio operator may be neighborly and help you fix your equipment (such as installing a bandpass filter on a TV line), but they are not legally obligated to.
If your unlicensed equipment is interfering with properly functioning equipment belonging to a licensed user, that is your problem and you are legally required to stop using it, or fix it.
See Title 47, Chapter I , Subchapter A, Part 15 for the law.

Aaron Z

 

[k0ua]

Now,an amateur radio operator may be neighborly and help you fix your equipment (such as installing a bandpass filter on a TV line), but they are not legally obligated to.

Yes, most will go out of their way, to assist someone, including buying filters to try on the homeowners equipment to keep good neighbor relations, but if the neighbor is going to come off all big and bad and sic the FCC on 'em. Well, they have likely just torqued off the one person who can likely actually help solve the issue. Not a good way to start a relationship. And when the neighbor gets that FCC form letter he is going to be in for a world of disappointment knowing he is on his own.

 

[Oaktree]

You appear to know more about HOA's than I do, however I have enough common sense to know that the HOA can really come up with anything they want. The question becomes if you want to fight it or not.

My cousin is a retired oral surgeon, pretty sharp cookie IMO (who also has his pilot license) and if he's hiding a wire because of the HOA, there is a good reason for it.

Actually, I know very little about HOAs, I did used to be a broadcast engineer so I do have some familiarity with the FCC's rules and regulations. Not to diss your cousin, but this seems to be out of his area of expertise.
Here's the text from the 1996 Telecom Act that affects antennas:

SEC. 207. RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES.
Within 180 days after the date of enactment of this Act, the
Commission shall, pursuant to section 303 of the Communications Act
of 1934, promulgate regulations to prohibit restrictions that
impair a viewer's ability to receive video programming services
through devices designed for over-the-air reception of television
broadcast signals, multichannel multipoint distribution service, or
direct broadcast satellite services

While it only directly addresses tv reception, many jurisdictions have included radio antennas as well.

Yes, most will go out of their way, to assist someone, including buying filters to try on the homeowners equipment to keep good neighbor relations, but if the neighbor is going to come off all big and bad and sic the FCC on 'em. Well, they have likely just torqued off the one person who can likely actually help solve the issue. Not a good way to start a relationship. And when the neighbor gets that FCC form letter he is going to be in for a world of disappointment knowing he is on his own.

Very true. Again, as a former broadcast engineer I've had to deal with people living near transmitter sites who've had issues with our signal getting into telephones, tvs, etc. Almost all of the time it was just cheap equipment. We'd take a look, and give them filters if needed, and most were content.

I did once have an experience with one guy who decided to be a jerk and write his senator or congressman and complain. Of course that got passed along to the FCC who contacted my boss in Corporate asking what had been done. The company provided documentation of what we'd done, the FCC after reviewing it deemed that we'd gone above and beyond what we were required to do and the neighbor was essentially told that.
Much of the problem centered around the fact that his house was off-grid and used solar panels. We had an electrician examine it and he determined that the guy's inverter was at the root of the problem, something he didn't want to hear and not our responsibility.

Apologies for the thread drift, but as James & Aaron noted, more often than not interference problems are the fault of the receiver, not the transmitter.

 

[Sigarms]

Actually, I know very little about HOAs, I did used to be a broadcast engineer so I do have some familiarity with the FCC's rules and regulations. Not to diss your cousin, but this seems to be out of his area of expertise.
Here's the text from the 1996 Telecom Act that affects antennas:

SEC. 207. RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES.
Within 180 days after the date of enactment of this Act, the
Commission shall, pursuant to section 303 of the Communications Act
of 1934, promulgate regulations to prohibit restrictions that
impair a viewer's ability to receive video programming services
through devices designed for over-the-air reception of television
broadcast signals, multichannel multipoint distribution service, or
direct broadcast satellite services

While it only directly addresses tv reception, many jurisdictions have included radio antennas as well.

As I mentioned, the question becomes if you want to fight it or not. They're retired and for the most part, happy where they live and I don't see them moving after this move from Pittsburgh. Probably easier to hide the wire than take it "to the board" and tell them they're wrong causing waves. Even when your right, the question becomes if it's worth winning a battle but possibly losing the war.

Point being, no HOA, no hassel.

 

[ultrarunner]

I don't know if any property is truly free from regulations, covenants, restrictions of one kind or another...

Just try to divert a stream running through you 640 acres and see how that goes.

Utility easements are very common here... usually 5' down the middle of boundary lines.

Some of the most expensive property in the SF Bay Area contains a network of equestrian trails... large parcels with a network of horse trails on the boundary lines... people actually seek out this type of property if you have the means.

The city has been requiring Creekside Protection Easements as part of the permit application project... I guess overtime they will eventually capture most everyone.

Lots of annomollies with property...

The Pioneer Homestead my brother bought has a county road yet he owns to the middle of the county road... did an exhaustive deed research and there is no easement to be found.

A natural gas line runs under the county road and just about everyone is hooked up... but my brother is on propane... he asked about it and was told the hookup would be many thousands of dollars... plus the hook up.

He said this was unreasonable since the line runs for thousands of feet on his land...

In the end... the utility asked what exactly are you looking for... they learned they did not have the standing they thought they did.

I do agree HOA can be an irritant.... my entire neighborhood received notices for having Waste Management Containers out on a non collection day... some over zealous HOA management flunky...

The reason is collection was delayed one day due to holiday schedule... so instead of Thursday... which was Thanksgiving it was Friday...

The sad part is the HOA pays the management company for this person to annoy us...

Point being I went in with my eyes open...

One of my now deceased neighbors had quite a fight with the HOA and won... he was retired and was a JAG lawyer...

Over the course of several years he replaced the management board, rewrote the CCR, supported various members, etc... in other words he put in the effort and did it his way...

One of the things he did was get the Association to divest of some stream property to the park district... it was becoming a huge burden but to divest it took 100% of the members to approve.... no easy task to get 100% of 238 parcel owners but he did it...

Just illustrates it is possible to do the impossible with lots of hard work and luck..