6-land HOA Rights Crumbling? [The official new California HOA law thread]

That would be pretty nice, but usually zoning restrictions would require a lot more than just putting up whatever you want, unless there are no CC&Rs and loose (more rural) zoning.

This ruling in CA is not a new thing, other states have similar laws. It doesn't stipulate "do whatever you want," it only restricts the maximum "fine" for violations. In this particular situation in Oak Park, CA -- which I'm really familiar with, up close -- the municipal ordinance wouldn't allow a 100' tower. But it would allow a 45' tower with a simple permit. A CUP would be required beyond that, and that usually involves an open court hearing with neighbors invited, and paying a non-refundable fee (not refunded if you lose the case).

 

I wouldn't go that far with the interpretation of this new situation. But I believe if you want to put up something that is reasonable in height and size for the lot in question, it doesn't look like they can say "NO" any longer.

 

What ruling??? This is a NEW LAW!!!

 

Indeed it is.

 

I just saw an article on Yahoo! from the LA Times that Governor Newsom passed Assembly Bill 130 which caps HOA fines at $100.00. He apparently signed the state legislation on July 1, 2025 but the LA Times article was updated last Friday (1 Aug 25). If I was a frustrated California ham I'd be celebrating with a rolled one and a cold one! The Times article was written by Jack Flemming. I'm a bit surprised that this hasn't already been posted here on the ZED. Hopefully this stance will be adopted in the other 49 states.

73,

Kirk K9WW

 

Every ham should watch this video https://www.google.com/search?q=Cal...ate=ive&vld=cid:59dc4053,vid:HEL5QnY7Iq0,st:0

The new law limits fines but the HOA can still take you to court and have a Judge issue an order directing you to correct the violation. It sounds like you'll be on the hook for legal fees if you lose. So, WATCH OUT and ask an attorney before you act.

 

Sorry about my earlier post on this in the antennas etc. forum which was moved here. Who knew that this new law would warrant its own forum? I watched about one third of the video that KN6SD posted and it's kind of refreshing to see parasitic lawyers crapping their pants!

I agree that this new law should not be construed as carte blanche to lash up patently unsafe towers and/or antennas. And when in doubt get expert advice, be it engineering, legal or insurance.

Will this law be repealed? Probably. Governor Newsom most likely did a month of polling and has his eyes on a new house. A big white one in Washington D.C.

Kirk K9WW

 

"It's a massive win for disgruntled homeowners, who have long claimed that California HOAs are too aggressive, stringent and overbearing. It's a startling blow for HOAs, which were left blindsided by the changes."

I don't think so, it's more like a Gift to the Property Management Attorneys. The Attorneys will get involved sooner if an owner doesn't resolve a CC&R violation. I think HOA's will be forced to litigate without the progressive fine structure in place, the new law pretty much forces them to involve lawyers to help with CC&R Enforcement. Homeowners thought the fines were bad, wait until they start getting billed for attorneys fees

 

Yeah, that's a risk

So why not also add mandatory binding arbitration?

Oh yeah, because everyone loves that, too.

 

Just curious, Dave. Were you able to operate your radios while you lived there?

 

Glad I don't have to put up with HOA nonsense, but the fact that you can still get a $100 fine for changing a doorway inside your home without permission is beyond ludicrous. You never own your home, even when it is paid off you have to pay the government via property tax to continue to live in it or they kick you out. To have to face a neighborhood group with the power to tell you what you can and can't do, why would anyone sign up for that?

 

Move here!

Yeah, it's hot and can be humid. And there can be hurricanes.

But in the meantime...check out properties like this: 11560 Mobile Hwy, Pensacola, FL 32526 | For Sale ($574,990) | MLS# 665130 | Redfin

I have nothing to do with that, but know where it is. 3+ acres. Trees. Boat launch. 3000 s.f. home built in 1999. NO HOA, no CC&Rs, no restrictions, go ahead and raise chickens (although I think local zoning is only one rooster per acre) or install towers, etc.

This place is less than six miles from me, very nice area and very close to the AL border; but taxes are lower in FL so a lot of folks would prefer being on "this side."

What a nice location for a ham who really wants to spread his wings.