Hi ….. and as long as C&R's are not something the FCC is going to play with -- you are stuck.
Bob On Sep 27, 2012, at 8:09 PM, David <[email protected]> wrote: > Presumably such a strategy would be applied against a HOA that has > power over the restrictions. > > I have not been following this subject for several years but > apparently the FCC has released the report authorized by congress in > 2012 and again found no need to take action: > > http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0820/DA-12-1342A1.pdf > > ". . . Therefore, at this time, we do not see a compelling reason for > the Commission to revisit its previous determinations that preemption > should not be expanded to CC&Rs." > > On Thu, 27 Sep 2012 19:36:26 -0400, Bob Camp <[email protected]> wrote: > >> Hi >> >> The gotcha isn't the neighbors (who you can negotiate with) it's what ever >> entity enforces the title restrictions. With the recent dip in sales, that >> may be the original developer, still there a decade later …. >> >> Bob >> >> On Sep 27, 2012, at 7:30 PM, David <[email protected]> wrote: >> >>> On Thu, 27 Sep 2012 18:59:48 -0400, Jeff Stevens <[email protected]> >>> wrote: >>> >>>> On Thu, Sep 27, 2012 at 1:27 PM, Hal Murray <[email protected]> >>>> wrote: >>>>> What do hams do in that environment? >>>> >>>> Hams either avoid HOAs and deed restricted property or they live with >>>> the restrictions by placing their antennas in attics and other >>>> inconspicuous locations. There have been attempts by hams to get the >>>> FCC to somehow invalidate or limit deed restrictions and HOA rules >>>> which prohibit antennas and towers which effectively prevent operation >>>> of amateur stations but so far the FCC has steered clear. While the >>>> federal government DOES claim some limited preemption of local zoning >>>> and municipal ordinances (PRB-1), I believe the FCC has chosen to stay >>>> away from meddling with deed restrictions and HOA rules preferring to >>>> consider them voluntary private contracts. According to hams in some >>>> parts of the country, however, they are far from voluntary as in some >>>> areas so much of the residential real estate is deed restricted or >>>> subject to HOAs that there is no practical alternative. With that >>>> said, I believe this year congress actually appropriated a few $100k >>>> to "study the impact" of deed restrictions and HOAs on amateur >>>> operations. >>>> >>>> -Jeff >>>> W7WWA >>> >>> I have heard of cases where the HAM settled for hidden or attic >>> antenna installations and the resulting interference with their >>> neighbor's electronics was used to bargain for a more reasonable rule. >>> >>> _______________________________________________ >>> time-nuts mailing list -- [email protected] >>> To unsubscribe, go to >>> https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts >>> and follow the instructions there. >> >> >> _______________________________________________ >> time-nuts mailing list -- [email protected] >> To unsubscribe, go to https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts >> and follow the instructions there. > > _______________________________________________ > time-nuts mailing list -- [email protected] > To unsubscribe, go to https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts > and follow the instructions there. _______________________________________________ time-nuts mailing list -- [email protected] To unsubscribe, go to https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts and follow the instructions there.
