Will Cell Tower Construction Comply with Covenant Rules?


The RSF Association owns properties on Lago Lindo and Via de Fortuna where the construction of two 90 foot cell towers is proposed. These two properties are under the jurisdiction of the RSF Protective Covenant and are zoned Class A, Single Family Dwellings and Farming, see RSF Covenant paragraph 97.

It appears that an application for a modification of this restriction is needed. The application requires,

“the signed consent of not less than two thirds of the acreage held in private ownership within 500 feet of the property boundaries for which the applicant is seeking a modification.”

See RSF Covenant paragraph 165 and RSF Regulatory Code, Chapter 80.

Part of the RSF Association Board’s mission statement is “enforcement of the provisions of the RSF Protective Covenant.” Will the Board comply with the regulation for the modification of local protective restrictions before voting on the cell towers? This remains to be seen.