Discussion in 'Ham Radio Discussions' started by KU0O, Dec 22, 2015.
Wrong answer. No points this round.
Probably not. I realize it will probably feed the naysayers, but this is not something I can really post on a public forum for individual properties because we usually have to pay someone to find the information. Like I said, some counties post this information for free online. You can even search and find the information for MY house on the Jackson Co. recorder's website, if you want to see my restrictions.
They CAN NOT prohibit radio transmission! If they did every cell phone and wireless router is in violation!
Or someone miss entered the frequency when they spotted him... gee like that never happens... I was spotted on 160 one time, I have no antenna capable of 160! Guy was spotting me on 6m and forgot to change the default frequency!
Does a cell phone qualify as a radio transmission?
Yup, uses electromagnetic waves, it's a transmitter. Same thing with WiFi, baby monitors, garage door openers, cordless phones and a number of other devices.
There are some HOA controlled areas where the only permitted transmitter is the garage door opener and all other transmitters require the approval of some sort of committee. Mostly, these committees have no idea what the heck you'd be bugging them about.
Tell them you have a transceiver that you utilize for personal affairs (cellphone) and I'd bet you'd be declined permission (although I have never tried this nor ever heard of it happening).
Welcome to the party....
Take note of the wording and how many HOA's write the rules in such a way that supersedes the role and authority of the FCC. They can apparently decide by default that radio transmitters are the cause for all and any radio and TV interference cases. They are the accuser, judge and jury who decides.
Apparently, this also means Part 15 of the FCC rules is nullified and doesn't apply to anyone living in an HOA.
There is often the mention of "if" any transmitter should interfere with other people living in the HOA. It's important to understand just how subjective exactly such an observation can be in these cases. Anyone with a chip on their shoulder or a blip on a TV set that's about to go out will of course blame it on transmitters without ever conducting any technical investigation into the matter.
You will also notice, the wording of these HOA rules is often written in a way that it readily assumes all transmitters WILL cause interference regardless if they actually do or not in reality.
Then of course you have the case of " no transmitters allowed without prior board approval" or similar wording which of course means it will never happen. After all, everyone knows that's how most HOA's work, so just expect them to say "NO" before you even start.
As you are about to see in some cases, you are not even allowed to OWN a radio transmitter of any kind let alone use one while living in an HOA! This means even the idea of using a handheld HT is prohibited even if it's done inside your home.
Here's a short list of HOA's banning radio transmitters with links for your reference:
Page 2 - Rule 3e
University Oaks Homeowner Association rules
Forrest Ridge HOA rules
Tell’s Meadow Homeowners Association rules
Lely Island Estates HOA rules.
Copperfield Home Owners Association rules
Heatherwood Home Owners Association rules.
Bizarre satellite dish rule. ???
Source: Pg.38 - #5
Costa brava at Ranch Niguel HOA rules
Bizzare radio interference rule. ??? (Example of HOA playing role of the FCC involving Part 15 devices)
...Who writes this stuff!?
Blackhorse Homeowners Association rules.
Fairway View At Pebble Creek HOA rules
Saddlebrooke at Rock Creek Homeowners Association rules.
Pinon Ranch HOA rules.
Johnstown Farms HOA rules
St. Andrews HOA rules.
...Folks, this is not only about installing "antennas" in HOA's. Many have also banned the ownership and use of any radio transmitters of any kind, within any lot.
Even portable HT's are not allowed to be owned and operated in an HOA.
RBN is automated, there aren't any people involved in these reports...
I checked a RBN a few years ago and it had me on bands and modes I don't operate. Could have been a bootlegger...who knows. I've never looked at one again.