ARRL General Counsel Chris Imlay W3KD says that the HOA Rules and deed restrictions that prohibit you from putting up that antenna are not a 'private contract.' Rebuttal from armchair lawyers (and maybe a few real ones) to follow in 3.... 2.... 1..... 73, Gary KN4AQ HamRadioNow.tv
I only had time to view the first half of this, but it was very informative. Time to go write my congrescritters...
Do send it to HQ for delivery (you can email them a signed PDF - see http://www.arrl.org/amateur-radio-parity-act - Where should I send my letter in support of HR 1301? Time is a problem for many of us. You'll see edited snips from this program in other sources soon. Some of us have more time to listen (on commutes, walking, cleaning the house.. oh, really?) than we do to watch. Even though I produce video, I watch very few podcasts, and I listen to many. Your phone probably has a podcast app, or you can get one free. Then add this address to download the audio version of new programs as they are produced: http://HamRadioNow.tv/hrnrss.xml
Awesome video Gary! I am a very staunch supporter of the Amateur Radio Parity Acts in both side of congress. The lack of new housing without HOAs or CC&Rs was the main driver behind a website I created that makes it very easy for hams and non-hams to write letters to their members of congress. Please take a look and spread the word. www.rescue-radio.com 73 Kurt - KU0O
Hey, Kurt - any 'metrics' on how many people have seen/used your site? Based on Mike and Chris' experience with the power of the letters they hand-carry, my only suggestion is to push the 'sent'em to ARRL' a little harder.
Well, folks, I've seen some email that indicates that K4FHM is 'the ham' who started the ball rolling in Mississippi!
Of course I support the Amateur Radio Parity Act, but it may be just a dog and pony show, because to my knowledge, PRB-1 has no teeth. The phrase about “legitimate purpose” can be so broadly interpreted as to be ineffective in protecting the interests of hams. If it hasn't been already, PRB-1 needs to be amended to the effect that entities can only regulate antenna installations as they relate to the immediate physical safety of abutters.
Hi Gary, about 500 users have created letters so far and about 10 to 20 get created per day. About 2,000 have viewed the home page. When users create letters the first page of the pdf created by the website instructs them to send the letters to ARRL either by mail or by scanning the signed copy and emailing to the ARRL.
For most people who buy homes or property, the idea that an HOA or Covenant somehow is a matter of private contract is, in fact, a "legal fiction." Because these are recorded in the Registrar of Deeds office, and can be searched, they are considered to be public. If you have ever tried to search for something in a county office, you know how ridiculous this notion is. It's like saying that an insurance policy is a negotiated contract (sure, you remember when you made State Farm take a pay cut don't you...). The fact is that courts spout this nonsense because they've always said it, and never take a step back and say "how realistic is this in 2015?" I too support the Act, and yes, I am a lawyer. But mostly I'm just a ham radio operator who would like to put up an antenna.
Cleaning the house? With 2 (soon to be 3) kids, that's an endless endeavor... What is the clinical definition of insanity again? Hehe
is there a LEGAL point there? why does this apply to "most" people and not "all" people. your "logic" is flawed. just because a contract is viewable to the public, how does that make it any less a valid contract? your reference to the term "private contract" in relation to recorded public records is nothing but a diversion. they are recorded, and yes, they are "public" and searchable. the search is so easy a caveman can do it.
