Petiton started to void HOA Antenna Restrictions.

Actually you have it backwards. I don't want my neighbors/HOA/CC&Rs using their self-appointed power from overruling existing federal law and existing federal jurisdiction.

It's really simple in my view. Private contracts cannot override laws or assume government power. That's the law and the courts have enforced that for decades. The FCC has legal authority, provided by Congress, to have sole jurisdiction over telecommunication matters. The FCC used that power to invalidate all CC&Rs/HOAs for satellite dishes and TV antennas. They should do the same for amateur radio. 73 Jim K6OK

 

While I strongly favor FCC requiring a reasonable accommodation for amateur antennas that might be used for EMCOMM purposes, and simultaneously opening the door for a bit more freedom for general hamming, I don't favor eliminating 'all' restrictions. I think the pre-emption must be limited, and workable. Otherwise, yes, every realtor and developer this side of Venus will be lined up with blood in their eye.

If you want a new home, or a newer one in most places, CC+R's are a fact of life. In some places, it's not as big a burden as older tracts, where the CC+R's have expired or were never put in place are available. But even in an old city like this one, it took a long time to find a house, and if I needed one that was more wheelchair ready, I'd have been pretty much out in the cold as far as antennas go. One townhouse developer, desperate to make a sale, agreed to let me have a HyTower at the back of the property, as long as there were no beams or wires. But, I had other concerns about the townhouse, so I moved on.

 

None of this would be necessary if HOA and CC&R were reasonable on something as simple as an antenna. It must also be noted that HOA have become a plague on our options in many areas. It is just about impossible to find a place to live that does not have the rules of an HOA over it. Most HOA forbid any transmissions of any kind and if you can transmit and you are believed to be the cause of interference (in their minds) then they and the affected party can sue you and you must pay their attorney fees. Since when did HOA become an authority on RFI, TVI and other electronic issues.
The fact is the restrictions on radio amateur antennas is not unlike the now forbidden rules that excluded Blacks, Jews and the Irish from buying a home. It's a discriminatory act plain and simple. To resolve this require our govering bodies to stand up and do the right things as they have done in the past. It did take them a very long time to get around to the actions they did take but it is hoped they learned a leason on how to do this and when it's the best time to do so. Now would be good.
73
Gary

 

Is this what you are fighting to allow? In any neighborhood? In any place? Out my back window? Without restriction of any kind?

This former ARRL Section Manager shows an excellent example of what is possible.
Does the ARRL HQ stand behind its current/former Section Managers as example of what they (ARRL) represent?
I'm just asking the question. Not making a judgement.

Can we submit this image to the FCC as an example of what we, Hams, are asking for and what the ARRL endorses as what it has in mind? Just asking to what we mean by "Unreasonable and unnecessary". Is this "reasonable" in the mind of the ARRL? Is this "reasonable" in the minds of those who will sign the petition? Is this "essential for amateur radio communications "? Just asking.

http://www.wa6mhz.org/

 

Another angle to view this from...

Amateur radio is taught and promoted by youth groups such as the Boy Scouts of America. Would a child living at home be expected to move in order to participate in amateur radio? This child may live in an HOA with parents that are not active in amateur radio but still support their involvement. This is a scenario that could not be foreseen at the time the parents purchased the home. I wasn't licensed until I was 24, but my father was licensed at the age of 14. At the time he was licensed he did not have any HOAs to contend with. If we expect the hobby to grow we should look to the youth to carry it into the future.

73
Dan

 

The real Problem that NOT ONE PERSON has thought about is HOA and CCR's are popping up all over America.There is hardly one area where you can go or live without the Commie style Agenda where everyone tattles on each other. ITS Russia gang,it is pure Communism not freedom.

Every new area where homes are being built are done so as to not let anyone have one freedom.So you say Move MOVE WHERE into a junkie drug area,yes right only place you might be able to put up a antenna.

let me say this OK we are in America not Russia and to the ones that adore this type of life you have forgotten the Military man that died to give you freedom that a bunch of wackos have taken away from every person.

A Disabled veteran Mark

 

I've been called a right-wing wacko more than once. I wear it as a badge of honor; however, I don't believe that CCRs and HOAs are forms of Communism or Totalitarianism. A group of homeowners who band together under a given set of rules are acting on the individual freedom to do so. Individuals have the right not to enter the compact. We don't need Government telling citizens that they can't adopt a given standard for their neighborhoods.

 

A bunch of people that have no training or skills in the area of radio communications are going to make rules that adversely impact what is in fact a minority. This type of attitude has involved goverment to resolve the problems the majority has involked on the minority. Sometimes it takes an approach from a 1000lb gorilla to overcome the improper attitudes of the 600lb gorilla.
People are driven by fear far more then they need to be. Amateur radio to them is dangerous, it messes up their improperly made electronics, it make childern sick, it turns decent folks into beastiality animals. Really? How do you impress upon minds that are slammed shut their point of view is incorrect?
As stated in many postings there has never been a persons property value lowered by the appearance of amateur radio antennas.
How are you going to fix this?
What is your solution?
Is the majority always right?
73
Gary

 

Is there any sort of directory of Realtors who are also licensed hams? I'd like to find one (or more) in my area to help me locate an affordable, ham-friendly neighborhood - seems hard trying to explain things to a non-ham.

I hope the petition, or some other action, makes things easier to find housing that doesn't discriminate against hams.

 

It's worse than a serfdom, more like a commune.

73 Delwyn KH6DC

 

Funny I can have a 24" satellite T.V. Dish, a flag pole and a "service animal" but not a single Ham Radio antenna. Keep in mind these folks also change the rules on a whim. After 43 years my condo rules were change to no motorcyle or scooter parking. So the little old lady with an electric bike down the street from me has to park hers in the kitchen. Your picture is extreme, just like most codes won't allow 12' three strand barb wire fences there is a middle ground.

Other issue I also see is that building permits require engineering studies to erect an antenna. The refusal to accept the one from mfg. should also be addressed.

 

I sincerely sympathize with those who were licensed after they bought a home and signed a HOA. Some knew they would have problems before they were licensed while others never considered it. If this issue is sufficiently important to that operator, he or she will find a way to resolve the problem. This may include attic or stealth antennas and even finding another place to live is an option.

When you sign a contract, you agree to the terms of the agreement. I do not believe the FCC or Federal government should get involved in an effort to push over a HOA on behalf of an individual who gave their word to abide by that agreement.

Ken
KG4MUW

 

Spot on, who needs the Unicorn corps involved?

 

Exactly I don't want the government telling me I can't raise hogs in my neighborhood, or my store my collection of antique cars in the front yard, proudly displayed on high tensional concrete blocks by the way. If my neighbors don't like my hogs, or my antique cars, don't look....SNARK OFF

 

The simplest thing is to stay OUT of such places with HOA's. I realize, however, a new generation of homeowners is upon us. These have never known any other way. Twenty years ago, if you had told me that there would be a group that could come to my property that I bought with my own money and tell ME what I can do on my own land, I'd have told them to simply get outta here. To these new homeowners being told what color they can paint their front door, how may vehicles you can park on the lawn, or whether you can have a motor home in the back yard, this is the new normal. It is NOT normal for ME, and I will never stand for such. You come over here in MY yard and start telling me what I can do on my OWN property, you are liable to find yourself looking down the bore of "ol' Betsy" and a not so friendly greeting: GIT!!!!!!!!!!!!

I still believe it is possible to find homes without restrictions--at least around here. You might have to look for an older home, and no, ALL of them are not in some drug-ridden neighborhood. Many homes have been built since WWII that are solidly built, have no major repair issues and have more personality than those look-alike boxes spaced closer than a fat man's circumference.....which I would not have. My house has a 70' tower, a Cuscraft vertical, and a multi-band dipole & no one says a word. There's simply nothing to say cuz there's no HOA!

J