Re: [Elecraft] HOA antenna restrictions
Any CCR that prohibits all antennas or all except a small dish are in violation of the 1996 (?) Telecommunications Act. Depending on your state and local laws - that sentence, paragraph or the entire CCR may be in violation. As a Chief Engineer of a TV station, we used that ACT to force HOAs to accept outdoor TV antennas. I wasn't a Ham in those days so never had the opportunity to test compliance. No HOA balked once they were sent a copy of the relative parts of the Act. 73 George AI4VZ On Tue, Jun 29, 2021 at 12:44 AM John Marvin wrote: > Luckily for you, they were not aware of the FCC OTARD rules which > absolutely override covenants with respect to small satellite antennas, > rooftop TV antennas, and wireless ISP/cell dishes/antennas. However, the > OTARD exemption does not cover ham radio antennas (there have been bills > to try to add an exemption for them, but none have succeeded). No HOA > has succeeded in challenging these rule, although many have tried. > > John, AC0ZG > > https://www.fcc.gov/media/over-air-reception-devices-rule > > > On 6/28/2021 8:32 PM, eda...@aya.yale.edu wrote: > > I confess to having done something similar, though I used a jiu-jitsu > move > > rather than rational argument as Phil did. Within five or so years of > > moving in I became the President of the HOA (because no-one else wanted > it) > > and, like Phil, after six or seven years of it (because still no-one else > > wanted it) I quit and wouldn't do it again for love or money either. > > However, during my tenure I pointed out at a meeting of the HOA that our > > covenants had an absolute no-external-antenna rule, yet about half of the > > garages in the association had two-foot diameter satellite TV dishes on > the > > roof (this was the early 2000s.) Under the existing covenants, they > would > > all have to go. Either that, or to protect them we could amend the > > covenants by just deleting the no-antenna rule entirely. The vote was > > unanimous. > > > > Ted, KN1CBR > > > > -Original Message- > > > > Date: Mon, 28 Jun 2021 15:25:15 -0700 > > From: Phil Kane > > To: elecraft@mailman.qth.net > > Subject: Re: [Elecraft] HOA Crap > > Message-ID: > > Content-Type: text/plain; charset=utf-8; format=flowed > > > > That's where I was when we moved into a brand-new condo in California > > in1988. At the time the "Board" was the developer, and I scored a > > meeting with their VP-engineering. Spoke to him engineer-to-engineer > > and got approval for several VHF/UHF antennas on the roof. When the > > Board was turned over to the owners I made sure that I was on the new > > Board and I drafted a Memorandum of Ratification that covered more > > antennas including a long wire with secured access to the roof. The > > other two Board members were too dumb to do anything but approve it. > > Even after I was off the Board in a power play the antennas stayed there > > until we moved in 1999. Note - I have no intention of serving on a > > Condo or HOA Board again even for a sack of gold. > > > > > > 73 de K2ASP - Phil Kane > > Elecraft K2/100 s/n 5402 > > > > From a Clearing in the Silicon Forest > > Beaverton (Washington County) Oregon > > > > > > > > -- > > > > > > __ > > Elecraft mailing list > > Home: http://mailman.qth.net/mailman/listinfo/elecraft > > Help: http://mailman.qth.net/mmfaq.htm > > Post: mailto:Elecraft@mailman.qth.net > > > > This list hosted by: http://www.qsl.net > > Please help support this email list: http://www.qsl.net/donate.html > > Message delivered to jm...@themarvins.org > > > __ > Elecraft mailing list > Home: http://mailman.qth.net/mailman/listinfo/elecraft > Help: http://mailman.qth.net/mmfaq.htm > Post: mailto:Elecraft@mailman.qth.net > > This list hosted by: http://www.qsl.net > Please help support this email list: http://www.qsl.net/donate.html > Message delivered to gdanne...@gmail.com > __ Elecraft mailing list Home: http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/mmfaq.htm Post: mailto:Elecraft@mailman.qth.net This list hosted by: http://www.qsl.net Please help support this email list: http://www.qsl.net/donate.html Message delivered to arch...@mail-archive.com
Re: [Elecraft] HOA antenna restrictions
Luckily for you, they were not aware of the FCC OTARD rules which absolutely override covenants with respect to small satellite antennas, rooftop TV antennas, and wireless ISP/cell dishes/antennas. However, the OTARD exemption does not cover ham radio antennas (there have been bills to try to add an exemption for them, but none have succeeded). No HOA has succeeded in challenging these rule, although many have tried. John, AC0ZG https://www.fcc.gov/media/over-air-reception-devices-rule On 6/28/2021 8:32 PM, eda...@aya.yale.edu wrote: I confess to having done something similar, though I used a jiu-jitsu move rather than rational argument as Phil did. Within five or so years of moving in I became the President of the HOA (because no-one else wanted it) and, like Phil, after six or seven years of it (because still no-one else wanted it) I quit and wouldn't do it again for love or money either. However, during my tenure I pointed out at a meeting of the HOA that our covenants had an absolute no-external-antenna rule, yet about half of the garages in the association had two-foot diameter satellite TV dishes on the roof (this was the early 2000s.) Under the existing covenants, they would all have to go. Either that, or to protect them we could amend the covenants by just deleting the no-antenna rule entirely. The vote was unanimous. Ted, KN1CBR -Original Message- Date: Mon, 28 Jun 2021 15:25:15 -0700 From: Phil Kane To: elecraft@mailman.qth.net Subject: Re: [Elecraft] HOA Crap Message-ID: Content-Type: text/plain; charset=utf-8; format=flowed That's where I was when we moved into a brand-new condo in California in1988. At the time the "Board" was the developer, and I scored a meeting with their VP-engineering. Spoke to him engineer-to-engineer and got approval for several VHF/UHF antennas on the roof. When the Board was turned over to the owners I made sure that I was on the new Board and I drafted a Memorandum of Ratification that covered more antennas including a long wire with secured access to the roof. The other two Board members were too dumb to do anything but approve it. Even after I was off the Board in a power play the antennas stayed there until we moved in 1999. Note - I have no intention of serving on a Condo or HOA Board again even for a sack of gold. 73 de K2ASP - Phil Kane Elecraft K2/100 s/n 5402 From a Clearing in the Silicon Forest Beaverton (Washington County) Oregon -- __ Elecraft mailing list Home: http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/mmfaq.htm Post: mailto:Elecraft@mailman.qth.net This list hosted by: http://www.qsl.net Please help support this email list: http://www.qsl.net/donate.html Message delivered to jm...@themarvins.org __ Elecraft mailing list Home: http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/mmfaq.htm Post: mailto:Elecraft@mailman.qth.net This list hosted by: http://www.qsl.net Please help support this email list: http://www.qsl.net/donate.html Message delivered to arch...@mail-archive.com
Re: [Elecraft] HOA antenna restrictions
I confess to having done something similar, though I used a jiu-jitsu move rather than rational argument as Phil did. Within five or so years of moving in I became the President of the HOA (because no-one else wanted it) and, like Phil, after six or seven years of it (because still no-one else wanted it) I quit and wouldn't do it again for love or money either. However, during my tenure I pointed out at a meeting of the HOA that our covenants had an absolute no-external-antenna rule, yet about half of the garages in the association had two-foot diameter satellite TV dishes on the roof (this was the early 2000s.) Under the existing covenants, they would all have to go. Either that, or to protect them we could amend the covenants by just deleting the no-antenna rule entirely. The vote was unanimous. Ted, KN1CBR -Original Message- Date: Mon, 28 Jun 2021 15:25:15 -0700 From: Phil Kane To: elecraft@mailman.qth.net Subject: Re: [Elecraft] HOA Crap Message-ID: Content-Type: text/plain; charset=utf-8; format=flowed That's where I was when we moved into a brand-new condo in California in1988. At the time the "Board" was the developer, and I scored a meeting with their VP-engineering. Spoke to him engineer-to-engineer and got approval for several VHF/UHF antennas on the roof. When the Board was turned over to the owners I made sure that I was on the new Board and I drafted a Memorandum of Ratification that covered more antennas including a long wire with secured access to the roof. The other two Board members were too dumb to do anything but approve it. Even after I was off the Board in a power play the antennas stayed there until we moved in 1999. Note - I have no intention of serving on a Condo or HOA Board again even for a sack of gold. 73 de K2ASP - Phil Kane Elecraft K2/100 s/n 5402 From a Clearing in the Silicon Forest Beaverton (Washington County) Oregon -- __ Elecraft mailing list Home: http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/mmfaq.htm Post: mailto:Elecraft@mailman.qth.net This list hosted by: http://www.qsl.net Please help support this email list: http://www.qsl.net/donate.html Message delivered to arch...@mail-archive.com
