Quote:
Originally Posted by OrangeBlossomBaby
There are also deed restrictions which -cannot- be legally enforced, even if someone complains about them.
1. Clotheslines in the back yard. It is against the law to forbid it. That deed restriction is invalid.
2. Antenna on top of the house. It is against the law to forbid it. That deed restriction is invalid.
There are a couple of others but those two stand out.
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Quote:
Originally Posted by MartinSE
You are very close to right. But, the law about tv antennas does allow community regulations about where the antenna can be placed. The Antenna can not be "banned" but it can be regulated.
Again, I do think the point is to maintain property values, which is in all our best interest.
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The deed restrictions say antennas of any kind are prohibited to the extent allowed by law. Location of any approved device will be as previously approved in writing.
The FCC says it is unlawful to prohibit antennas and there can be no regulations that unreasonably delay the use of antenna. The FCC further describes regulations that require obtaining approval as an example of an unreasonable delay.
Prior approval may be permissible and our restrictions do seem to indicate that prior approval has been granted - they just don't describe that prior approval or where to find it. (and I'm not interested in searching districtgov.org to see if it is there)
The deed restriction appears to be valid since it qualifies itself to be limited by the law and the law does not allow a prohibition. The prohibition is valid because it does not prohibit anything. If the location requirement is easily attainable and will not delay installation then that aspect would seem to be allowable too.