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Missouri Amateur Radio Parity Act (MARPA)--TAKE TWO!

Discussion in 'Amateur Radio News' started by NA4DX, Dec 17, 2016.

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  1. KB1PA

    KB1PA Platinum Subscriber Platinum Subscriber QRZ Page

    Thats the key, fewer people on HF so there is less "competition". New users are not welcome, and all of suddenly there are more hams on HF there will be more competition.
  2. KC2UGV

    KC2UGV Ham Member QRZ Page

    I'm hardly a Libertarian.

    If you don't like the privatization of governments, stop voting in politicians promising to privatize government. Don't worry, there will always be freedom loving states like NY where hams are free to buy homes without those kind of worries.

    FWIW, you don't need a brand new home, to do ham radio stuff... Older homes are just fine. I got on the air in my early 30's... I also chose to not buy a home with an HOA, because I like my personal freedom.
  3. NA4DX

    NA4DX XML Subscriber QRZ Page

    I really do like your definition of freedom....I'm free to go somewhere else! Again, these same people who object to my antenna in my back yard, will be the same ones who want to know why we weren't there to assist with communication when the tornado, hurricane, earthquake hits their neighborhood! I lived for 20 years in Florida, survived 10 hurricanes, and it was always volunteer ham radio operators who stepped up to fill the void when everything else went dark! And, unless hams can practice effectively they will not be ready on that day. The hams who don't care about this issue are apparently ones who also don't care about volunteering during these events.

    Somewhere in this discussion the statement was made that the freedom to erect an outside antenna ends when it infringes on the freedom of someone else. My question is simply, how does my antenna infringe on your freedom? Now you might have a difference of opinion as to the aesthetics of my antenna but that has no relevance to either of our freedoms!
    K4KPT likes this.
  4. KC2UGV

    KC2UGV Ham Member QRZ Page

    Wrong. My definition of freedom, is well, freedom to do what you like, within the rights you have.

    The tired emcomm excuse. Did you know: A big antenna, at your home, doesn't do much good? It needs to be at the EOC, or another remote site.

    As for where do your rights end? As far as property rights go, they end where your deed says they end. And, with an HOA, you don't have full rights to the exterior view of your home: The HOA owns that right.
  5. K4KPT

    K4KPT Ham Member QRZ Page

    Homeowners don't decide what the CC&R's will be. This is done by the developer (private interest) when the land is re-platted or sub divided.
    For the home buyer, it is a take it or leave it situation.
    Most CC&R's require a 2/3 vote of lot owners to amend them. Most HOAs are lucky to get a quorum for annual meeting, much less a 2/3 vote of the lot owners. That is why in some pro property right states (mainly in the West), there have been statewide movements to void some of the clauses. This is not the Soviet Union. Back in the days of the USSR, people used to hide their radio antennas. Is this what we have become?
    N5PZJ and NA4DX like this.
  6. NA4DX

    NA4DX XML Subscriber QRZ Page

    And, that is the real issue. HOA's own rights to my freedom of use of my personal property. While I understand that is the way the law is written today, I believe that if the average citizen had any idea at HOAs were really all about they would quickly move to modify, if not entirely strike down, the whole HOA statute. I encourage you to do a history study of HOAs. I believe you will be amazed at what you learn. They are NOT in the best interest of the homeowner....never have been. And, while some HOAs may actually operate with some semblance of majority owners interest, it's definitely a very small percentage. There has never been an HOA that was able to "protect" the value of an individual owner's home. It's typical "big government" bureaucracy where a few (trustees) control the agenda and dictate what's proper use of private property. And, yes, it's just another step towards socialism. The builders/developers are the only ones who have benefited from HOAs and their self-serving management companies.

    As for "big antenna"....who said anything about a big antenna. Most HOAs are totally prohibitive of any outside antenna--wires, poles, towers, whatever. They have some philosophy that when the neighborhood looks sterile, it has attraction and value. I can tell you as a previously licensed realtor that couldn't be further from the truth. The reality, however, is that for a ham to effectively operate his/her station on the bands that have been allocated to them by the FCC, it is the antenna that determines its effectiveness. And, since the lower bands by the pure mathematics of the science require a significantly long antenna, it is virtually impossible to hide it within the confines of the private dwelling. Additionally, any antenna expert will tell you that height above ground is critical as well to an antenna's performance.

    Personally, I would like to hear about one single benefit that an HOA provides to the homeowner. I've yet to experience that after 40 years of homeownership in four different HOA communities.
    N5PZJ likes this.
  7. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    Excellent! I hope this passes and provides a model for legislation in other states.
  8. KC2UGV

    KC2UGV Ham Member QRZ Page

    It's not the fact the law is written this way... The law only deals with how contracts are dealt with, by the courts.

    Your DEED that you signed at the time of purchase says this.

    There is no statute. There is only the parcel's deed. Ever wonder why it's referred to as a "parcel"? Because it's legally known as a "parcel of rights". Your deed clearly defines who owns what property rights for the plot.
  9. NA4DX

    NA4DX XML Subscriber QRZ Page

    While I completely understand that it is the responsibility of the purchaser of land/property to read and know what is in the contract that they are signing, it is also the fudiciary responsibility under real estate law of the realtor/builder to disclose "in advance" of the closing that the property has indentures and provide the prospective buyer a copy of those indentures so that they can make an educated decision as to whether they are willing to purchase under those conditions. I can tell you that less than 10% of the time that does not happen. So while the buyer is under obligation to know what they are buying, the seller is also responsible to properly disclose those conditions as well.
  10. KC2UGV

    KC2UGV Ham Member QRZ Page

    It would be kinda hard to miss if there's an HOA with the property... I mean, you're signing documents that say you'll be paying an HOA fee... You're given the HOA bylaws, and signing for receipt...

    All of the indentures are listed on the deed. It's up to you to read them, before signing. If you don't read what you sign, and do so without a lawyer, you're a moron.

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