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Cell Tower Violation of Restrictions
Hello all, I’ve done a little research into the procedure that will need to be followed should the land owner and the cell phone tower company refuse to cease and desist building this tower. My advice would be for the HOA to reach out to the land owner immediately to solicit their agreement not to continue their course of action. Should they refuse, a cease and desist letter would be the next step followed by a petition for injunctive relief filed in Knox County Chancery Court. In order to file for an injunction, an injunction bond would have to be posted. The HOA would have to determine how to collect the money to post such a bond, or if those most directly affected wanted to get the ball rolling with the court they could pay the up front cost. I’ve never filed such an action, as my line of work is exclusively Family Law, but I would be willing to draw up the necessary papers and file them. I’ve been told that the injunction bond, charged up front by the court, would be somewhere around $5,000.00. Again, I have no personal experience with that, so my figure may be off.
Hopefully by reaching out, this will come to a peaceful resolution. It will help though, knowing that our restrictions have teeth.
By posting this message, I am not currently representing Lakemoore Hills HOA nor any resident residing therein.
Tall Pine Ln.