JohnR15 (Colorado)
Posts: 3
Posts: 3
Posted:
Do we have to comply with protective covenants, if they have never been enforced over a period of 20+ years? John
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complying with protective covenants
Started by JohnR15 • 12 replies • 1439 views
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DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
John,
Do you really mean never???? How did this happen. Why all of a sudden are they starting to enforce them? It sounds like you are the recipient of an enforcement letter?
You will need to check with the State of Colorado and your own governing documents to see if there is a time limit to non enforcement of covenants. Are you still Incorporated and following other State requirements? We need lots more information before we can give you some reasonable answers.
JohnR15 (Colorado)
Posts: 3
Posts: 3
Posted:
Donna S, Appreciate the reply back. I have a building permit to install a 60 foot ham radio antenna, no guy wires, on my 2 1/2 acre lot and have had some neighbors verbally rejecting my project. Continuing on my project John
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Forget the HOA, are you sure you have the proper permits from local zoning?
Such a tower would not be allowed in our area, not by our HOA, but by our local zoning and code enforcement.
Such a tower would not be allowed in our area, not by our HOA, but by our local zoning and code enforcement.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
John,
I went to the FCC web site this am. Basically, if you are following your County and State regs on your radio, you will be allowed to install it. The HOA cannot rule on its size as the regulation states that it must be installed in order to recieve the best reception. BUT MAKE SURE THAT YOU ARE WITHIN YOUR COUNTY REGS AND PERMITS!!!
I would not be happy to see one in my back yard but the general public has not a clue what a great connection you guys have with the entire world. Make nice nice with your neighbors.
JohnR15 (Colorado)
Posts: 3
Posts: 3
Posted:
Thanks DonnaS for the additional research & MicheleD for the reply.
GloriaM (North Carolina)
Posts: 829
Posts: 829
Posted:
John:
You really need to read your CCR's when pertaining to a tower, although the FCC may allow it, the FCC will allow the HOA to have guidelines on the size and the placement therof.
You really need to read your CCR's when pertaining to a tower, although the FCC may allow it, the FCC will allow the HOA to have guidelines on the size and the placement therof.
RaymondC (Minnesota)
Posts: 64
Posts: 64
Posted:
There is no statute of limitations on covenants. Whether or not they have been enforced in the past, each board is charged with the responsibility to enforce them all. They are not bound by the incompetence, inaction, or in some cases good judgment, of prior boards. Not all regulations are enforceable ....
As other posters have shown you, the FCC is not the final word, though an influencial one, the county regulatoions are.
As other posters have shown you, the FCC is not the final word, though an influencial one, the county regulatoions are.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
RaymondC said: "There is no statute of limitations on covenants. "
Raymond, just as an FYI, some nearby HOAs have CC&Rs that have an expiration of 25 years, unless they are reinstated by vote before they expire.
I only know this because it came up at an HOA workshop last year.
Raymond, just as an FYI, some nearby HOAs have CC&Rs that have an expiration of 25 years, unless they are reinstated by vote before they expire.
I only know this because it came up at an HOA workshop last year.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Raymond,
All CC&Rs do have an expiration date. Ours are 25 years and renewable evey 10 after that.
And for everyones information, there is a Hierarchy of Documents.
#1 is all Federal Laws ( including Fcc rules)
#2 State Laws and Statutes
#3 County Laws and Codes
#4 City Regulations
#5 Protective Covenants for the HOA
#6 Articles of Incorporation
#7 ByLaws
#8 Rules and Regulations
The Federal law trumps any State or Local ordinances. The FCC in this case has specific allowances for local and HOAs to follow. No Ifs Ands or Buts about it.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
#9 would be an amendment stating kind of parliamentary procedures - whether that is Roberts Rules, Sturgis, etc. etc.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Susan,
No, That statement(Parlimentary procedures) would be under ByLaws. This list is not something that I compiled but under a Property Management mailing.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
The statement in the bylaws would just be that the associaton has adopted RONR (or another method)as its parliamentary procedure.
The "document" is really a 704 page book that would be used as a resource, should a parliamentary issue come up THAT WAS NOT COVERED IN THE ABOVE DOCUMENTS.
The "document" is really a 704 page book that would be used as a resource, should a parliamentary issue come up THAT WAS NOT COVERED IN THE ABOVE DOCUMENTS.
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