WW8N tower court case could set a precedent for all US amateurs

Has anyone set up an account to donate to if he needs more funds to fight this with?

73

Steve, K4YZ
Winchester, TN
(An Ex-Pat Buckeye)

 

I live in an HOA ruled sub-division. I will not be raising an antenna tower, my neighbors will not be raising hogs.

 

This is why we have the ARRL. The ARRL needs to get it's legal team's asses over there to help him out. It's in all our best interests.

 

I doubt that any court decision would trump a valid (i.e. not unlawful) covenant, deed or HOA agreement. Parties are free to accept or decline contracts such as HOA agreements, etc. and absent any reason to set such an agreement aside, a court is not likely to interfere with the terms of a valid agreement. I wouldn't hold my breath waiting for a court to issue a decision setting aside a covenant or HOA for the benefit of ham radio.

As a practical matter, many people really don't have a choice in avoiding covenants and HOAs. For example, if you move to take a new job, quality of the neighborhood, the affordability of the home, location with respect to your job site, and schools for the kids are concerns that are at or near the top of the list for most people, which may mean that you choose the home governed by covenants and HOAs over a home that is not. But it's still the buyer's choice.

If you're subject to a covenant or HOA that restricts or forbids ham radio antennas, you're going to be stuck with that or at least challenged to work around it the best you can unless you can convince the HOA board of directors to make an exception or demonstrate that ham antennas are unfairly barred while other antennas, such as TV antennas, are allowed.

 

I'm glad it has been pointed out that this is not in Federal Court. There is a big difference between systems.

And, although this has nothing to do with homeowners associations, let me at least tell you about two solutions to the antenna problem that have worked.

A friend circulated a petition in accordance with the law and got enough folks to side with him to have just his home exempted from the rule.

Me? I got my wife elected secretary, and me elected president. We have a great association!

Keep in mind that many folks buy in developments to keep away from things like antennas. The real threats to the American way of life are from those who would roughshod over the wishes of those people and hide behind the banner of Amateur radio to do it. That gives all of us in the hobby a bad name.

Just my fiftieth part of a dollar. Your mileage may vary.

 

To answer the question why would someone move there (with a HOA). Some of us lived there before becoming a ham

 

LOL, well said.

 

Ahh, maybe not. Be careful what you wish for. I'm sure the legal team mentioned earlier is quite able to handle something like this.

Sometimes bringing in guys from elsewhere just muddies things up, contributes nothing really to the process, does more harm than good, results in ego contests and general disorder.

This is a zoning matter having nothing whatsoever to do with CC&Rs HOAs or anything. PRB-1 applies to this and not to the private restriction issues not involved here. If PRB-1 has been enacted statewide, in addition the FCC, the City will be SOL.

 

Mike, W0BTU

Please clearly state the Point of this Court Action !

I live in a HOA, have been a board member .,.,., one vote does not go far.
I like my neighbors chickens, and they don't like hogs.

I have a vertical and a 225' LongWire.
I didn't ask or tell.
If it ever comes right down to brass tacks,
then I will build a Loop on top of fiber-glass rain-gutters around the house.
And I still won't ask or tell.

Glen Ellis, KK4LPG

 

I live in a neighborhood with no HOA. I have a tower and no one has started raising hogs because there already exist laws for that. No HOA needed!!

 

People decide to live in these HOA subdivisions because the XYL often doesn't want to live 60 miles out in the country. It can be a complicated problem.

 

IIRC, those laws may be unenforceable. Maybe not for hogs, but almost certainly for chickens.

 

HOA tells military family to remove sailor’s ‘Welcome Home’ banner

http://news.yahoo.com/blogs/oddnews/hoa-tells-military-family-to-remove-sailor%E2%80%99s-%E2%80%98welcome-home%E2%80%99-banner-193538586.html

I know that this court case is not about HOA's, but this is how totally ridiculous & out of control these Nazi HOA's are becoming. It's about time that some serious legal action be taken against these HOA's!

Joe KB3PHL

 

As a full blooded Ohioan, I have chosen to live in a subdivision with an HOA. Actually, it is one of the first in Ohio, dating to the early 60's.

Let me say that it has saved me a lot of money on antennas. I have found that I do not need a 65' tower with a rotatable tri-bander on top of it.

All of my antennas are in my attic, which is a tall attic.

A couple of finely tuned ten dollar dipoles seem to get me out five or six thousand miles with no trouble.

In exchange I do not have to deal with hogs, chickens, loose dogs, goats, sheep, people living in sheds, adult bookstores, etc.

And I have a swimming pool and tennis courts if I get tired of Ham radio. Not tired yet.

 

Where did you hear this, who ever told you this is so wrong. HOA's can't prevent you from raising the hood on your car to check the oil or adding fluid, they can't tell you that you can't change a flat tire. they do restrict you from working on the car, like repairs. rebuilding stuff and tearing apart the car.