Cell Tower on Homeowners Assn Common Property

by Bob
(Marietta, GA)

In Cobb County, GA, a builder has completed a subdivision and turned over control of the Homeowners association and all common area property to the homeowners. A cell tower sits on common property owned by the association.

A call to the cell company verifies that a lease exists and rent is being paid to the builders. The company will not release any information to the homeowners association and told us we have no rights in this issue.

This does not seem to pass the common sense test as we have no control over a structure on our property.

There is no mention of the tower in property deed or in any of the restrictive covenants that govern the subdivision.

Is this an unusual situation we should explore further, or is it common practice?

Comments for Cell Tower on Homeowners Assn Common Property

Average Rating starstarstarstarstar

Click here to add your own comments

Sep 16, 2010
Rating
starstarstarstarstar
Yes...research further....
by: Kevin at Tower Genius

Yes... I would research it further. If they transferred the property without assigning the cell tower to another entity or did not grant that entity the right to lease space you may be entitled to all the revenues at the site. First review the assignment papers for the common area. If it does not spell out their deal with the carrier, you have a case.

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Cell Tower Lease Forum.

Subscribe to the
Cell Tower Insider
Enter your E-mail Address
First Name (optional)
Then

Don't worry — your e-mail address is totally secure.
I promise to use it only to send you Cell Tower Insider.



Contact a Telecom Lease Lease Genius Today.

888-313-9750