This week Sept 18 on Amateur Radio Roundtable, we will check out the new radios and antennas at the studio of Last Man Standing. We will also discuss many different antennas that you can use in a HOA. We will also talk a little about satellite operation, show you our new satellite position and the new AZ/El antennas. Plus much more. Watch on W5KUB.COM at 8:00 PM central time. Don't forget our Roundtable Net on 7.180 from 5:30-7:00 pm We invite you to join our facebook group at https://www.facebook.com/groups/w5kub/ (intl time is 0100 UTC Wed)
"Antennas for HOAs" do no good at all in cases where the restrictive covenants preclude amateur radio transmissions. Some covenants do just that. There is such a case in the pre-Parity Act effort record at the FCC, where the antenna was in the amateur's attic, which others only learned about after the amateur was covered on television for his public service efforts post-tornado. He got a cease and desist letter. He complied. It could happen to you.
Do you have a reference for that? Do you have any references for successful legal action taken against an amateur under such restrictions since the RFI preemption law in 1982? Something other than a voluntary compliance with a C&D letter? Not unless you agree to such restrictions. Unless you are in prison, such restrictions are voluntary.
Checked the record . . . and I misremembered the case. It is incumbent on me to admit as much. Apologies. Time is not kind to the mind. Would edit if I could. No apology for correctly refusing to characterize restrictive covenants as voluntary.
No problem -- I was genuinely interested if such a case existed, and was hoping to read the details. I suspect what you described is possible, legally, but it's hard to say how it might play out until a case actually goes to court and to judgement. I don't know how you can characterize them otherwise (especially since that's the FCC's official legal position on the question)... but apparently, there are a number of amateurs who feel compelled to buy property that restricts their ability to use it. If there is a case of an amateur operator going to court and obtaining a judgement showing that they were involuntarily compelled to accept a deed-restricted property, I would very much like to read that case law, as well. I haven't been able to find one, to date.
