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

Discussion in 'Amateur Radio News' started by N9PBD, May 11, 2018.

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  1. KC8VWM

    KC8VWM Moderator Volunteer Moderator QRZ Page

    Semantics...

    The intention is for HOAs to allow reasonable antennas. Yes, it's recognized the text indicates the antennas are to be "effective" from a technical operation perspective however, that's not to suggest this replaces the intention of installing outdoor antennas in HOA's which are deemed to be physically reasonable in scope.

    As far as the rest goes, there's no point in jumping to conclusions. The bill will pass and just consider this as an opportunity to work with HOAs in situations where that opportunity never existed before.
     
    Last edited: May 16, 2018
  2. KI4AX

    KI4AX Ham Member QRZ Page

    CRAP - Cherished Radio Amateur Paraphernalia.
     
  3. KK5JY

    KK5JY Ham Member QRZ Page

    There's a lot of that going around. :(
    Because the League's press release told him so. o_O
     
  4. KI4AX

    KI4AX Ham Member QRZ Page

    Based on your posts it seems that you have never had to deal with an aggressive HOA. My home QTH is in Florida and I have known several people who have gone up against their HOAs, for various reasons, and found it quite difficult to satisfy their requirements. Some of them have spent considerable amounts of money on legal fees trying to overcome them.

    One nearby Subdivision, where the HOA accommodates antennas, will allow a TV Antenna as long as you abide by their rules. The antenna can not be on a tower. It has to be no more than 20 ft above the highest roof peak. It has to be located in the back yard etc. etc.

    I would suggest that you google up some HOA agreements (some are online) and read them for your self. HOAs can, and often do, require you to paint your house a certain color, require a certain type and color of shingle on your roof, stipulate the pitch of your roof, require your house to have a certain roof style, stipulate what kind of plants you can put in your flower beds and where the flower beds are located, stipulate the texture of your outside walls, prohibit Motor Cycles, stipulate what type of grass you grow in your yard, require you to paint your house periodically, require you to keep leaves from accumulating in your yard, etc. etc. etc. If they can do all that I'm sure they will be able to regulate your outdoor ham antenna too. And, there will be plenty of Perry Mason legal drama because people (Hams) are not going to agree with all their 'conditions' for having an outdoor antenna and will challenge their HOAs in court. You can count on it.

    While you may be correct in saying they won't be able to decline your request there is nothing saying how long they can take to decide. I have seen some HOAs take 2 - 3 years and require numerous revisions to the plans before approving.

    Oh, and get your Engineer lined up. You're going to need one. The HOA is not going to accept anything with out your Engineer's seal on it. Forget about buying used tower.

    IMO you are underestimating the egos of the people who run the HOAs. Did you ever see the 'Soup Nazi' episode of Seinfeld? Now imagine the HOA is the Soup Nazi.....

    Dan KI4AX
     
  5. W1YW

    W1YW Ham Member QRZ Page

    Another key factor that you folks are NOT considering is:

    WHO WILL THESE ANTENNA PROFESSIONALS BE that the CA's use as 'guidance' on "an effective outdoor antenna"?

    If they want to prevent future law suits upon grant of antenna permission, those ANTENNA PROFESSIONALS MUST BE disinterested parties.

    That mean....NO HAMS.
     
  6. W1YW

    W1YW Ham Member QRZ Page

    NOT semantics.

    YES legislation with intent.

    But not the intent you desire.
     
    KI4AX likes this.
  7. KC8VWM

    KC8VWM Moderator Volunteer Moderator QRZ Page

    I think in the vast majority of situations HOAs are going to be perfectly fine with hams throwing a piece of wire into the air.

    We can talk about the "what if" scenarios all we want to but the first step to resolve anything starts with getting an antenna law on the books.

    We can work with HOAs and if they don't want to, then we have other available avenues on our side.

    Of course you can always do nothing and just not have any antenna, which basically means nothing has changed.
     
  8. W1YW

    W1YW Ham Member QRZ Page

    I have severe concerns about that.

    Again, you are looking at this as 'ham vs HOA'. No longer, BECAUSE OF THIS FEDERAL LAW, any deviation from a PRESCRIBED LIST OF ANTENNA(S) will be considered AT VARIANCE WITH STANDARD PRACTICE. That means that members of the CA who are NOT HAPPY with the decision to grant the ham said antenna will LEVERAGE THE STANDARD OF PRACTICE to get the approval RESCINDED.

    In that case, the ham will have to start ALL OVER AGAIN-- and gain acceptance of an antenna that they consider NOT reasonable.

    With due respect, why don't you guys think this stuff through???

    ANY approvals by CA will be from a prescribed list of antenna(s).

    I can guarantee, a priori, that NO HAM will be happy with that list.

    This was NOT the intent of ARPA.

    This IS the meaning of HR555/NDAA.
     
  9. KK5JY

    KK5JY Ham Member QRZ Page

    The case law alone will be enough to shut down most HF installation requests. They won't need a professional to deny your HF antenna project.
     
    W1YW likes this.
  10. W1YW

    W1YW Ham Member QRZ Page

    No way.

    The improper use of wording has prescriptive and profoundly negative outcomes, that do not capture the intent of your lateral interpretation.

    There was NO NEED for interpretation AT ALL-- there was AMPLE OPPORTUNITY to get the wording CORRECT.

    Nope. Not only denial, but defiance.
     
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