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?

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Sep 16, 2010
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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.

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