South Carolina Hams fight to amend homeowner association restrictions

On Wednesday February 28th South Carolina Hams gathered at the State House to express their support for Bill H 4549, also known as the "Amateur Radio Antenna Protection Act." This proposed legislation seeks to modify the South Carolina Code of Laws to ensure that counties cannot impose or enforce any ordinances that conflict with the amateur radio preemption. Additionally, it introduces Section 27-30-180, stipulating that homeowners associations cannot forbid property owners within the association from installing or utilizing an amateur radio antenna on their property.

The bill is currently in committee and has picked up additional sponsors since Wednesday. If you reside in South Carolina you can ask your Representative to sponsor the bill by going to scstatehouse.gov.

 

finally

 

I sent my comments to my SC Rep.

Ron Richards
AA2RR
Summerville, SC

 

If this gets going congress who hasn't been able to pass the similar bill, we might be able to get this going elsewhere.

 

Also there is this. If it goes anywhere, who knows.
May get some traction to help SC.

https://www.wicker.senate.gov/2024/...-the-amateur-radio-emergency-preparedness-act

 

On a national level,
Senator Wicker (R) and Senator Blumenthal (D) have introduced the "Amateur Radio Emergency Preparedness Act of 2024" (Senate Bill 3690) to amend the Communications Act of 1934 to prohibit the application of certain private land use restrictions to amateur station antennas, and for other purposes.

The Bill: https://www.congress.gov/bill/118th-congress/senate-bill/3690/text

1: Prohibits homeowner association rules that would prevent or ban amateur radio antennas.
2: Clarifies the approval process for installing amateur radio antennas.
3: Gives amateur radio operators a private right of action.

Contact your U.S. Senators and Urge them to support this legislation.

 

As I was a geo-location bachelor working in NH, MA, VA, SC and now OH, these Home Associations have too much power over property owners rights. Safety I can understand, but when it comes to social and cultural and even hobbyist endeavors, they need to be reigned in. NH was one of the worst, and SC as a vet, I got cut slack. VA did not care unless one was in DC or MD proper. MA and OH understood the value of Ham Radio, and so no one dared to approach us. But we did keep an eye on those with over-the-top antenna farms not kept safe and under maintenance/corrosion especially. Self-policing our outliners prevents outsiders from interfering with a valuable hobby that FEMA recognizes as does the DoD as we fall under its NDAA in times of emergencies and the coming world war in 2027. Strongly suggest that all American Hams familiar yourself with the FCC rules and state laws pertaining to our use in times of both tragedies. And when on the air, be careful of what you transmit to others as state sponsored use of Amateur Radio as a part of their military is more common than we here in the land of the free assume these days.

 

HOAs serve a purpose. I assume a person that decides to purchase a home in an HOA understand the rules. Most HOAs help one from having to deal with a neighbor who decides to start collecting junk on their property. That homeowner may take a belief they can store junk because its their property, but the HOA can take action so you don't have to deal with it. Buying a home in a HOA is a lot like renting. You have rights as a tenant to live there but you have to follow the landlord rules. HOAs have evolved and went through a learning experience and has adapted along the way. Before we purchased our home we did look at HOA communities. We decided to look elsewhere because too much HOA control. I have a fellow Ham that became a ham while he was living in an HOA. He wanted to invest into a becoming a great ham operator and had dreams, but he was not able to do because of the HOA regs. He did spend a lot of time trying to be stealth, but wasn't able to accomplish his dream. In a nut shell he sold and moved. We purchased a house, non HOA, with a big lot in a small city, a great little city outside of Spokane. went to get a permit for a 30' tower and was initially denied. I was told my application was denied because there was an ordinance because communications towers were not allowed in the cities limits. Instead of accepting the denial I did some research. Come to fine out the ordinance was for commercial towers, cell phone and so on. Not private amateur radio towers. I found the federal laws pertaining to amateur radio towers and sent it to the building department. Long story shorter I did get a permit and was told I could actually put up a much taller tower if I wanted to. My feeling is we have enough to deal with city, county and state governments. Why buy a home in an HOA that has control over your home ownership.

 

We live in an HOA and we love it. All HOAs aren't the same animal. Condemning all of them is just foolishness. They DO serve a purpose. They keep the neighborhood from becoming run down and in a lot of cases they keep your home from losing it's value. I have a vertical 2m/70cm antenna in my back yard (at 30 ft) as well as an end-fed long wire that is plainly visible and no one has ever complained. There are some HOAs that go completely overboard with rules (e.g. not allowing garage doors to be open during the day, everyone having the same roof, etc). It all boils down to this....no one is forced to live in an HOA. It's not for everybody, but neither is living in the middle of nowhere as some folks prefer. That being said I sincerely hope this bill passes so that no ham operator is restricted from enjoying his chosen hobby. 73

 

I'm glad i don't live there ,so much for the land of the free.

 

People are free to enter whatever contracts they like. Nobody is forced to live in an HOA here.

 

So, you are saying they are designed for people who care more about controlling other people than living their own lives, more about controlling others property than caring about their own?

Sounds like it is engineered by the worst people, for the worst people, for the worst motives.

HOA's have a bad reputation for a reason.

 

I don't live in an HOA controlled zone, so apparently I live in an area that will soon be run down and dilapidated, according to some of the logic I see in this thread, because apparently some believe that only an HOA can ensure that does not happen.

Now, to use some of this same logic:

I have a mortgage. I signed a piece of paper stating that I would abide by it's terms and conditions.

Now I don't like it because I'd rather not have to pay the bank what I promised to pay them. I am outraged! I demand change! I want to pay $0 and still have the home, regardless of the fact that I agreed to those terms and conditions in the past.

Could someone please point me in the direction of the congress person that I can get to formulate a law stating that I don't have to pay back this mortgage? If you're not sure where to start, find the people responsible for this kind of bill and let me know how to write them and persuade them to introduce bills like this successfully, please.

Oh, and I'm sure that the vast majority of you who also have mortgages will agree that you also wish to keep your home but pay $0 for it. Probably far more of you than who live in an HOA.

More laws is good.

Thank you very much for your help. We all need to support this cause, because, fellow hams and all.

 

Back in the 1980's I ran into problems with the homeowner's association over my antenna and I sent them a copy of the Goldwater bill and never heard from them again. It should still be in effect.

 

Where is the ARRL in all this? Are they (the ARRL legal arm) actively involved in helping to get this Bill passed? An amateur radio association as large as the ARRL is, should have a significant and highly visible role in this effort.

Bill Sievers
W5IQJ