ARLB011 Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

But the law does require them to accommodate your request. They can't ignore you. (well they can, but it wouldn't be in thier best interests to do so)

If they do ignore you, they can be sued and the homeowner would win.

HOA's are not going to ignore anyone's request, especially if they are aware it would only result in losing a lawsuit.

It serves no purpose for an HOA to obstruct a ham operator from installing a legal antenna and their position on this matter isn't a personal decision or anything like that. They have to follow the law.

What makes you think an HOA has a desire to break the law?

 

Because the Parity Act can't survive on its own merit...

 

That depends on what you "believe"

As a 30 year Fl property owner, I can tell you that you they are extremely popular.

Both with the general population and the military population.

 

Why should they desire to break the law when it will be so easy to decline requests for antennas that are beyond the the requirement of "an effective outdoor antenna?"

Just because you apply for your desired antenna does not obligate them to approve it.

 

They might have been popular but the HOAs in some areas have worn their welcome thin, a well run HOA will keep its value but a problem HOA will stick out. Dear Daughter (DD) moved over there by Naples and sells Real Estate, says HOAs are losing their luster.

 

Besides, we already went through this fiasco with OTARD. The FCC later issued a statement which clarified what that means for HOA's. Perhaps a clarification statement is intended for us too in the future.

I think you already know the passage of the bill into law isn't going to be the final conclusion in itself. The FCC obviously has some say in the matter 120 days after it's passed and I am certain they are going to address some of these "holes" you often speak of.

The reality at the end of the day is an HOA can't decline your request. That's a huge milestone achievement for hams. The fact an HOA must accommodate your request to install a reasonable outdoor antenna because it's the law.

Let it play out and see what happens.... We can always fix stuff later and it's not the end of the world if this bill becomes law.

I do agree most HOA's are probably not going to have any idea what a reasonable outdoor antenna is exactly. So what? That can work to your advantage just as easily as it can work to your disadvantage. All the HOA is going to know is they have to accommodate your request to install a reasonable outdoor antenna. I think the real living people involved in this process are human beings who can all think for themselves and in actual practice ,this is going to be worked out among one another without all the Perry Mason legal drama you see portrayed here on these forums about it. Hams are often notorious for overthinking everything and making situations overly complicated for themselves. In the real world, things are not going to become as complicated as all that.

 

100% agree..lol

 

https://www.groundedreason.com/tv-antennas-fcc-hoa/ take a look at this. Hmmm my ham antenna is a large TV arial

 

Read all of your Fractal Stuff. Fascinating.

I'm doing a bit of left-handed work with magnetohydrodynamics. Nothing approaching your level, though!

Why can't you do the fractal thing with capacitors/inductors is what I wonder. I'm picturing a single component capacitor/inductor. Where the respective reactances cancel. I'm sure that there must be a reason that this isn't possible.

But there MUST be something better than winding a coil on a form, sticking a capacitor in the middle of that, and placing a jacket over the whole mess. Maybe I merely double jumped my own man... in Checkers?

73 and All the Best!
DE W8LV Bill

 

I'm glad I am not the only one who realizes this nonsense does absolutely nothing for amateur radio operators ... I just can't understand why Americans seem so intent on calling losses wins .... thinking that because they relabel them, they become the truth. Wrong. It's still a loss. It's that whole "lipstick on a pig" thing, and it's just not real. Wake me when we actually make some progress with regard to the socialists and their "HOAs", "covenants" or however THEY'VE been relabeling THEIR nonsense.

 

Winning takes time and hard work. It's hard for most people to make that work on a quarterly reporting schedule for securities reporting, so all losses are now wins. Layoff of half the workforce? That's a "win," because you reduced costs. Closing two branch offices? That's a win -- it's called "rightsizing" now. Contract running behind? That's a "win," because you are "retaining paying customers."

Lying about figures to shareholders? That's "optimization." Ignoring numbers altogether? That's "non-GAAP" accounting. Products turn out to be junk? That's "providing new cost-effective options to the marketplace." Grossly underpaying your workforce? That's "creating newer, smarter jobs for the next century."

Et cetera...

 

You sound like you don't want any choice or opportunity to work with HOA's to install outdoor antennas.

 

Charles,
I have studied Law for over 40 years both in Civil Law and Real Estate which as a Practice leaves much to Chance. The final say is left to the Judge which looks at the Law and interprets it as the situation calls for in law. The FCC will probably issue some guidelines as to end run having to spend a lot of time settling arguments and interpretations of the Part 97 rules concerning Parity. Just trying to save time and hassle in other words. The HOAs really did not want Parity to pass because it will be a loss of control to a degree of just saying NO, now they would have to justify NO!!

Where there is no restrictions or HOA the LEGISLATIVE INTENT will remove any restrictions and render them moot, unable to be enforced in any court as a violation of the CCRs.

Will Johnny or Betty DXER be able to put up a 120 ft super beam, NOPE, but then the HOA has to be careful not to go too restrictive and end up with litigation they might not be able to control.

Lets pass the Bill and fire up the radios.

Martin N5PZJ

All legal opinions expressed herein are mine and mine alone, standard legal disclaimer.

 

Hi Martin, I like the legal disclaimer. Not too many people read them anymore these days.

I think we are on the same page and the general human experience with these kind of matters in the past suggest that once the HOA's understand and realize that we are allowed to install antennas, they are just going to let us do it without too much fuss involved. The law says it's ok, so go ahead sort of thing will most likely be the situation in actual practice.

The people running the show at HOA's are just going to understand they are required by law to permit us to install antennas. Their only concern is going to be about the idea we are not installing anything too crazy. As funny as this might sound, it's probably going to be focused more about antenna height itself, rather than the type or style of antenna we are using at the HOA. Taller height means it's a bigger antenna right? So basically, I don't anticipate any issues with most typical, classic wire antenna's regardless how long they are if installed at 30 feet going across the backyard to a tree branch sort of thing.

I admit the exact interpretation of what constitutes a reasonable antenna is probably going to be subjective depending on the individual at the HOA making the decision. However, do we really want to add anything to the language that specifically restricts the kind of antennas we are using, or just leave it as "open for interpretation?" Personally, I think leaving it open ended for interpretation is best because it provides the least amount of potential restriction and keeps HOA's confused and guessing which is not necessarily a bad thing. The main problem is when you start making things specific. That's what gets us painting ourselves into a corner and we really don't want any part of that.

This bill is probably going to pass, so it's time we need to start thinking about the next stages which likely involves the usual Perry Mason internet lawyers discussion about how the FCC is going to write it all up in Part 97. I think that should be an interesting discussion. Guess we should stay tuned to see what happens.

However like many other new changes, some people will grumble about it at first, but I think the new antenna law will work itself out in the end.

73 de Charles KC8VWM

 

Charles,

It does not SAY "reasonable antenna". It says "effective antenna".

Your judge will fly straight to Part 97's mission to decide the MINIMUM that will describe "effective antenna". Good luck convincing the judge that anything beyond the six inch stubby meets the intent of the law. He or she will have these voluminous white papers, paid by the CAI and others, that will show EXACTLY why the six inch stubby meets the mission statement of Part 97.

HR555 will be the death knell of antenna innovation in amateur radio:there is nothing NEW that will come out of alleged ham radio 'electrically small' antennas that is not already known.

If I was starting fractal antenna research NOW, with HR555. I would decide it wasn't a good use of my time. I would go straight to FRS and WiFi.

Several people think antenna companies will jump on some alleged new opportunity for HR555 inspired ham antennas. Well, good luck!

You guys should be grateful for the 'CB-HAM' antenna idea. Not one word of thanks:-(