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I am about to move into a new home community that has a cell tower placed prior to the land being acquired for homebuilding.

In its previous life, this piece of land was owned by a non-profit.

Typically carriers pay rent to have their cell towers placed in private property.

And since that property now belongs to the community, do the rental fees they pay now belong to the community HOA? Where can I find info about whether the carriers are paying rent (and how much) on that property?

The builder's sales agent told me that the builder is not responsible for any of that and does not know.

Place: California

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  • Did you check for easements?
    – littleadv
    Commented Mar 29, 2022 at 3:56
  • The easements didn't mention a thing about the tower. Commented Mar 29, 2022 at 4:17

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And since that property now belongs to the community, do the rental fees they pay now belong to the community HOA? Where can I find info about whether the carriers are paying rent (and how much) on that property?

There was one or more transfers of ownership from the non-profit until the ultimate owner the HOA. Those transfers of ownership should have been when the tower was addressed. But of course it might not have been included in the transfer of ownership.

In the late 1980's the company that was serving as the developer of a community that I moved into in the 1990s never got around to transferring ownership of the common ground to the HOA for $1. That land was used by HOA members, it was also the location of the sign at the entrance of the community. It was a buffer between a busy road and the first houses in the community. Then the savings and loan crisis hit. The ownership of the property ended up with the Resolution trust Corporation. It took years of lawyers, and thousands of dollars but we lost the property, and the new owner built a store on what was supposed to be common ground.

In another community I lived in the builder owned the "community" pool even after all the homes were built and moved into. They made a profit until the needed repairs couldn't be ignored and they then sold the pool to the membership for an extremely high price without making the repairs.

The HOA may need a lawyer to trace all the documents to see who has the rights to the rent.

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  • It never ceases to amaze me how complicated land usage / ownership / development and HOA dealings can be. All because of people's egos. Commented Mar 29, 2022 at 16:37

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