ARRL Reaches Agreement with Community Associations Institute on Parity Act

Discussion in 'Amateur Radio News' started by N0RC, Jun 2, 2016.

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  1. N0RC

    N0RC Ham Member QRZ Page

  2. K6CLS

    K6CLS Ham Member QRZ Page

    hmmm, it's got no teeth:

    ...
    (8) Community associations should fairly ad9
    minister private land use regulations in the interest
    10 of their communities, while nevertheless permitting
    11 the installation and maintenance of effective outdoor
    12 amateur radio antennas. There exist antenna de13
    signs and installations that can be consistent with
    14 the aesthetics and physical characteristics of land
    15 and structures in community associations while ac16
    commodating communications in the amateur radio
    17 services.
    and

    ...
    (3) subject to the standards specified in para​
    2 graphs (1) and (2) of subsection (a), permit a com
    3 munity association to establish reasonable written
    4 rules concerning height, location, size, and aesthetic
    5 impact of, and installation requirements for, outdoor
    6 antennas and support structures for the purpose of
    7 conducting communications in the amateur radio
    8 services.
    in other words, the HOAs can make up whatever they want. It is going to be difficult to challenge subjective ideas like "reasonable" and "aesthetic".

    But this is probably the best compromise language on all sides...
     
  3. K0KWM

    K0KWM Ham Member QRZ Page

    "reasonable"? "fairly"? "aesthetic"? The spirit of this comprimise exists on the side of the radio operator only. The HOA will continue to do whatever they want.
     
    KE4TSP, KF7PCL, K2ATJ and 3 others like this.
  4. N0RC

    N0RC Ham Member QRZ Page

    This really seems like a one sided compromise. I'm very disappointed in the ARRL. All that money and effort for something changes an outright antenna ban to a de faco antenna ban.
     
    KE4TSP, KF7PCL, N4EEV and 7 others like this.
  5. K1VSK

    K1VSK Ham Member QRZ Page

    I "missed the memo" declaring only hams are reasonable. Can you share a link to it?:confused:
     
  6. AD0AC

    AD0AC Ham Member QRZ Page

    Subsection (b)(1) kills it for me. Now amateurs have to request and receive approval from their HOA for any outdoor antennas, or face being in violation of Part 97. The FCC will be responsible for enforcement of this rule. The ARRL basically gave the CAI everything it wanted, except requiring insurance, and amateurs will now be required to report all of their antennas to their HOAs under federal law. This went from being a mere contract dispute to whatever the FCC decides will be the consequence of failing to comply with Part 97.
     
    KE4TSP and K3RW like this.
  7. K3OCW

    K3OCW Ham Member QRZ Page

    ARRL agreed to this ? Imagine that ! So the ARRL jumped the shark & backed down ?
     
  8. W1YW

    W1YW Ham Member QRZ Page

    I don't get your objections at all. Most of this basically sounds like PRB-1 in slightly different form.
     
  9. K1LPI

    K1LPI Ham Member QRZ Page

    If there is a comment period before the Federal changes to part 97 take effect we should all object to the paragraph requiring licensed amateurs to apply for permission from the association. This is a civil matter between a property owner and the private association. The government should not make this a matter of Federal Law. The upside of this wording is that if an association acts arbitrarily it could be taken into court for violating a Federal Regulation just as a zoning rule can be challenged in court under PRB-1.
     
  10. W5LMM

    W5LMM Platinum Subscriber Platinum Subscriber QRZ Page

    WOw...... How embarrassing.
    Way to go.
     
    KE4TSP likes this.

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