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Bud-- Bud-- is offline
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Default HOAs: "No solar panels for you"

On 4/29/2012 10:26 AM, zzzzzzzzzz wrote:
On Sun, 29 Apr 2012 10:53:41 -0600, wrote:

On 4/27/2012 7:15 AM,
zzzzzzzzzz wrote:
On 27 Apr 2012 12:15:40 GMT, wrote:

On 2012-04-27, Percival P. wrote:

In addition, HOA rules often outlaw "radio transmitting equipment,"
which logically means no cell phones, cordless phones, baby monitors,
wiFi, garage door openers, etc.

....and amateur radio (ham) or TV antennas. Ham magazines often have
articles on howto make disguised or construct hidden antennas.

Why?


I don't believe you can regulate "radio transmitting equipment".


Me? You mean the HOA. That was my point; why disguise the antenna?


The comment should have been to Percival Cassidy a couple levels up.

...

Municipal zoning may try to limit ham antennas. Courts have said
antennas are the jurisdiction of the FCC, not municipal zoning.


The ARRL is the major association of hams in the US.
From a link on antenna restrictions at the ARRL website (QST, May 2007):
The FCC made a "declaratory ruling requiring that local zoning laws must
reasonably accommodate amateur antennas and support structures with
minimal regulation and without unreasonable restrictions. Any
regulations must constitute the minimum practical regulation to
accomplish the state or local authority’s legitimate purpose of
protecting public safety."

Hams can not erect "anything" they want to. But the power of
governmental entities to limit what a ham can build is limited.


SO you think HOAs have some power that municipal governments don't? Odd.


It is what the ARRL thinks.


HOAs get away with it because there is a contract that is extorted from
potential residents.


Nonsense. Federal laws supercede contracts.


From the same QST article:
"The FCC has been very clear that [the FCC limited preemption on
antennas] does not cover [covenants, conditions and restrictions], as
they are a private contract, not public policy issues."

HOAs are among the restrictions a ham may encounter building an antenna.

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bud--