Politico Article Raises Concerns of Amateur Radio Parity Act

Unfortunately for me, the housing market is a sellers market and here in Orlando the investors (especially from overseas) are buying up all the homes to make into ABBs or rent to locals at over 50% markup of the mortgage. I finally found a home but it is in HOA land which of course I was trying to avoid. it was either pay overpriced rent (where antennas are restricted anyway) or finally find a home. needless to say, one of the first things I will try is to get my HOA to grant me VHF/UHF vertical and an HF dipole. I will try and sell it as "good for the community in case of emergency" I am sure I am not the first to try this, and might actually put my home on their radar for closer inspections by the HOA brownshirts. I will be watching this closely and will not vote for Mr. Nelson as I am sure his palms are getting greased real good by the HOA lobbyist...

 

Annulling part of a deed restriction isn't new. If a restriction is against public policy it can be cancelled. That was done en masse with the deed restriction limiting the ethnic group you could sell your house too. A single court case nullified portions of all those deeds.

 

Exactly. All one needs to do is read the legislation and what ARRL has said about it, and not read anything into it that's not there. ARRL and those in favor of the legislation seem to think that because hams ARE fulfilling public need, it's an indication that MORE is needed. So far, the indication is that (if anything) LESS is needed. IOW, it's mostly just WANT.

IMO, you paint with a wide brush. And, bashing can (and has) gone in the other direction. Certain proponents of the legislation have put down those of us who aren't in lock-step with ARRL. That includes you.

 

HR555
SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR STATIONS.
(a) Amendment Of FCC Rules.—Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations,

(1) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;

(3) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.

 

Hams in HOAs will be forced to use a mythical unicorn antenna that is approved by the HOA.

Even if you have a "stealth antenna" , that isn't in public view, and have been operating for years... under the new FCC rule you must:

1. Get the HOA prior approval, which means in actual practice, hire an attorney to fight the HOA.
2. Only use a specific antenna that the HOA has designed, which means that the HOA will delay you until they come up with their mythical unicorn antenna.
3. Install it the way the HOA demands, even if that doesn't work, or isn't what you want or need.
4. Fight with the HOA in litigation for years... and the HOA will fight you using the money you pay them for their fees.
5. Probably end up settling the case without winning, and eventually just give up HF radio or move.

 

For you perhaps, but I doubt many of us would care to go to the trouble. For most of us, I'd wager, this is essentially just a hobby.

I get it's more than that to some of you. But if amateur radio is more important than where you live, relocate.

Sure, easier said than done, but easier (and likely cheaper) than years of litigation. And for what, so you can check into a no-traffic net or ragchew with your buddies?

How about this... HOAs allowing folks to temporarily put up antennas for emergencies and brief tests? 99% of the time it's neither of those.

And honestly, in a real emergency, who in their right mind is gonna complain about it?

 

The lack of support by hams actually living in and with HOA limitations is evident here contrasted with the meager arguments by a few who don't live in an HOA. The reasons are likely varied, however, I believe HOA residents understand better than the busybodies the unintended consequences of this legislation among which is the need to "notify and obtain approval" requirements. This will undoubtedly lead to more prescriptive rules, limitations and road blocks for all HOA hams. Rather than try to understand, these few non-HOA types use this debate simply to whine about places they don't live in.

HOA resident hams apparently don't care about antenna limitations based on their general absence here or more likely have found erecting something which is permitted isn't as difficult as the busybodies think.

It now seems likely burying this bill in the appropriations bill won't work either as Congress will apparently deal with the FY 19 budget through recission legislation and the ARPA farce will just fade into oblivion where it belongs.

 

Let's reproduce the Bill in its entirety:

SEC. 1083. Amateur radio parity.

(a) Findings.—Congress finds the following:
(1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services.

(2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols.

(3) There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

(4) Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.

(5) The Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants.

(6) There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities.

(7) In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities.

(8) Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services.

(b) Application of private land use restrictions to amateur stations.—

(1) AMENDMENT OF FCC RULES.—Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—

(A) on its face or as applied, precludes communications in an amateur radio service;

(B) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or

(C) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.

(2) ADDITIONAL REQUIREMENTS.—In amending its rules as required by subsection (a), the Commission shall—

(A) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;

(B) permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and

(C) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.

(c) Affirmation of limited preemption of State and local land use regulation.—The Federal Communications Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications.

(d) Definitions.—In this section:

(1) The term “community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.

(2) The terms “amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations.

____________________________________________________________________________________________________________________________________

 

I see more exaggerations and hyperbole.

The law is already your approval.

Getting HOA approval doesn't mean hiring a lawyer either. Approval = It meets or exceeds HOA rules. It means installing your antenna according to a set of written HOA rules.

They must be written rules. They can't make stuff up as they go along. That would serve no purpose, because they have to permit them according to the law either way you choose so they might as well have them in writing. Feel free to read the part where if they don't have any written rules, they can write some written rules. So in the end, if you install your antenna according to how the HOA rules are written, they must permit them. ....Period. That's your permission from the HOA.

The only time an HOA can refuse an antenna installation is because they are not installed according to the written rules for the HOA and nothing else. They can't refuse your antenna because of the color of your hair, the kind of car you drive, or what you ate for lunch.

So the bottom line is, they are prohibited from preventing anyone with any land use restriction from installing and maintaining an effective outdoor antenna as per...

--------------------

a) Amendment Of FCC Rules.—Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—

(1) on its face or as applied, precludes communications in an amateur radio service;

(2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or

-------------------

That will be the law.... They must follow the law or be sued in court for violating the law.

HOA's have no interest in not following the law and losing court cases. They surely would lose court cases if they did not permit hams to install an effective outdoor antenna according to the law. The courts are pretty black and white about the written law. So no, all this nonsense about a flurry of litigation cases isn't going to happen either. They have no choice but to follow the law.

Also all this nonsense about HOA's only permitting 6" outdoor antenna's is just that. ...Nonsense. No court in the land is going to look at a 6" antenna and somehow rule this meets the criteria for an "effective outdoor antenna." Ever.. Not in 1,000 years is that ever going to happen in any court anywhere. That's just people spreading more hyperbole about what ARPA isn't about.

All this misinformation propaganda and taking everything out of it's proper context is just getting plain silly. Stick to real world reality please.

 

Otard allows you to install this, now argue aesthetics.

 

Your OTARD off the air TV antenna! Now let’s talk aesthetics.

 

Obviously, you've never had to deal with an actual HOA.
They make up stuff all the time.
They say: "Ya don't like it? Sue us."
HOAs are gods.

HOAs don't need no stinkin' badges.

 

Yeah, I had to deal with HOAs before. Lived in one for several years.

They never requested me to sue them when I installed an outdoor OTARD antenna there.

They just accommodated my outdoor Yagi TV antenna because they knew they had to because it was the law.

In the real world, it really was that simple. Just as it is that simple for hundreds of thousands of other OTARD antenna users every single day.

 

When I installed my TH5 I had to receive a C/O from my town. Otherwise the antenna mounted on my roof would have been outside the law. I went to town and dealt with the necessary paperwork. No big deal but I just couldn't purchases my beam and do what I wanted with it. I no longer live in that home and now use wire antennas (60 & 75 foot above ground). I didn't have to get anyone's approval to install my wire antennas. These are effective antennas. With them I have confirmed 298 entities running 100 watts. I wouldn't mind getting the HOA's permission to install a reasonable antenna system. In most cases this would probably nothing more than a matter of paperwork. After the first few hard fought cases, the HOA's would fall in line. I'm for the parity act.