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Kurt Ullman Kurt Ullman is offline
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Default HOAs: "No solar panels for you"

In article ,
John Gilmer wrote:



There is a parallel with folks under a HOA putting up Satellite Dishes
and even On-the-Air TV antennae (as well as Amateur/CB stuff.)

My understanding is that the FCC passed a special rule that said that
HOA's could NOT block communications based stuff. (Owners can; thus
renters are stuck).


The FCC did only after SCOTUS had weighed in and said it could only
because the FCC (and thus the Feds) had pre-empted the field and could
do so under the interstate commerce clause of the Constitution. In other
words because Congress had given the FCC sole authority over the care
and feeding of radio and TV in the US. There is no similar agency in the
US for solar panels.


Perhaps in the fullness of time, the feds will cause a similar rule in
regard to solar heat and solar electric panels.

I am not sure they can, at least using the same legal idea as was
used in the FCC.

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