☺ While you certainly can contract away certain rights, this isn’t one of them. It’s like trying to contract with your employee that you will give him a 1099 or not pay him overtime. Your employee an sign it, but you can’t enforce it.
OTARD trumps any contract laws that purport to force some other regime. There’s still quite a bit of confusion out there on this among HOAs, surprisingly. A local government, HOA, neighborhood association, etc. can’t enforce a covenant that impairs the installation, maintenance or use of antennas covered by OTARD (and yours are) in “exclusive use” areas. Many (most?) HOAs have long since fixed their covenants so that the restrictions apply only to common areas (like a roof of a multiunit condo building) or only when there’s some common antenna for use. You have to look at the covenant, but I would be very surprised if you couldn’t still service all of those customers who called. Ken—hit me up off list if you are still getting calls like these and we can look at what you have. Doug From: Af [mailto:[email protected]] On Behalf Of Mike Hammett via Af Sent: Wednesday, November 12, 2014 7:55 AM To: [email protected] Subject: Re: [AFMUG] Mimosa did it again Doug Haas's favorite example is that it's illegal to kill somebody. You can't sign a contract to kill somebody and make it legal. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com [http://www.ics-il.com/images/fbicon.png]<https://www.facebook.com/ICSIL>[http://www.ics-il.com/images/googleicon.png]<https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[http://www.ics-il.com/images/linkedinicon.png]<https://www.linkedin.com/company/intelligent-computing-solutions>[http://www.ics-il.com/images/twittericon.png]<https://twitter.com/ICSIL> ________________________________ From: "Ken Hohhof via Af" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Sent: Wednesday, November 12, 2014 7:47:00 AM Subject: Re: [AFMUG] Mimosa did it again When Open Range went poof, we got several calls from people in townhomes who really loved their indoor CPEs, their HOA didn’t allow outdoor antennas, and OTARD was no use because they had signed a covenant. From: Rory Conaway via Af<mailto:[email protected]> Sent: Wednesday, November 12, 2014 7:34 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again This is going to have limited use the U.S.. Unfortunately , with tax credits for certain type of windows and window films, most of our windows don’t work well with indoor radios. We did a test one day and found that it was easier to get the signal through red brick than the window it surrounded. However, we have been installing 2.4GHz radios in windows in pre-built homes very successfully since they don’t have tinting. On another note, it’s also why you don’t want to put your radar detector on the top of the windshield. Rory From: Af [mailto:[email protected]] On Behalf Of Mike Hammett via Af Sent: Wednesday, November 12, 2014 6:17 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again This is better than previous attempts in that it's a beamforming antenna on the CPE. It shapes the beam to point at the best signal it sees. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com [http://www.ics-il.com/images/fbicon.png]<https://www.facebook.com/ICSIL>[http://www.ics-il.com/images/googleicon.png]<https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[http://www.ics-il.com/images/linkedinicon.png]<https://www.linkedin.com/company/intelligent-computing-solutions>[http://www.ics-il.com/images/twittericon.png]<https://twitter.com/ICSIL> ________________________________ From: "Jason McKemie via Af" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Sent: Wednesday, November 12, 2014 2:25:25 AM Subject: Re: [AFMUG] Mimosa did it again Allowing customers to install their own CPE is a bad idea in any unlicensed frequency, both for your network as well as the spectrum in general. On Wednesday, November 12, 2014, Stefan Englhardt via Af <[email protected]<mailto:[email protected]>> wrote: Now Mimosa announced an indoor window mountable CPE: „Mimosa's C5i just changed urban Internet forever! Never wait on your service provider install again. Self-install in seconds and experience 500+ Mbps!“ To the mimosa Fans: How they change physics to make 5GHz penetrate through windows. We have not much luck doing this with 3,5GHz licensed, beamforming and high power. Doug Hass Associate 312.786.6502 Franczek Radelet P.C. Celebrating 20 Years | 1994-2014 300 South Wacker Drive Suite 3400 Chicago, IL 60606 312.986.0300 - Main 312.986.9192 - Fax www.franczek.com Circular 230 Disclosure: Under requirements imposed by the Internal Revenue Service, we inform you that, unless specifically stated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter herein. ________________________________________ For more information about Franczek Radelet P.C., please visit franczek.com. The information contained in this e-mail message or any attachment may be confidential and/or privileged, and is intended only for the use of the named recipient. If you are not the named recipient of this message, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment thereto, is strictly prohibited. If you have received this message in error, please contact the sender and delete all copies. ________________________________________ Franczek Radelet is committed to sustainability - please consider the environment before printing this email
