The Ham Radio Friendly HOA Bill needs your support if it is to become Law...

I'm reporting you to Gladys Kravitz!

I have her number here, somewhere....

 

Charles...Believe me when I say I don't "hide in the shadows", nor "live like an illegal radio refugee". It's only a hobby.

My stealth antennas are self-approved and don't bother anyone. I'm not willing to take the chance that my HOA would or wouldn't approve or encourage them.

 

L

Bob,

After reading your post here in the forum, looking over your set up you posted on your personal page. You’ve developed quite a workaround. I will not advise, but strongly suggest that you consult with an experienced real estate attorney who has a background or a familiar experience with radio to look over your set up. You say you have been doing this over 23 years at the same location and may have very well triggered a liberative adverse possession situation.

A consult, might cost you a few Benjamin’s,
But the peace of mind is well worth the cost should at any time in the future an HOA maven decide to make a issue of Ham Radio/antenna and it could prevent you from being blindsided and caught off guard by having a well defined offense to counter the HOA.

 

Don't bother. Gladys won't say/do anything...I have dirt on her with a guy down the street that isn't her husband

 

Martin...
Thanks for your suggestion. I'll have to Google "liberative adverse possession". Honestly, after 23 years here, I'm not concerned and have no desire to pursue anything like that. I've always had the attitude that *if* I was caught, I'd comply with any violation notice and remove the (visible) antenna(s). Then just go with my (already installed) backup remotely switched mono-band attic dipoles for 10-40 meters. Or devise something else. Not as good as my outdoor antennas, but effective nonetheless to still enjoy the hobby. I've always said "where there's a will, there's a way".

 

Google laches for Arizona, you are in a common law state! Also see statute of limitations, Google AI can be a stupid lawyer, get a real Arizona Bar admitted attorney to save problems and time!

 

You're giving me too much Googling to do. I'm retired and it's tedious.

 

nestled down (50 ft mast) for hurricane season. Now do you want the deed too? What’s your point except to argue?

 

Messing with Gladys, stressing on hiding your antennas, I am retired also! Suggestion, buy some steaks, grill them, invite your lawyer friend over and he can explain. Relax, life is too short.

 

You don't have to tell me!

 

This is the best argument for the bill thus made, clear definition without any wiggle room allows for architectural committees in HOA’s to determine how far to go. right now, folks are building Antenna, hiding them and further exposing the HOA to liability and ruin, and a form of lawsuits which may fail their plans of action in the CC&Rs.

 

CC&Rs are developers' excuses for cutting corners as long as they pay muni folks enough.

If you're a BIG enough developer, you can do whatever you want since they pay off the municipal authorities.

I wish they could create a prohibition for idiots, but this isn't working so far.

 

It’s one thing to use hyperbole but a bigger problem to suggest it isn’t.

Architectural Committees have discretion, not “wiggle room”. Many prefer that over onerous prescriptive rules which can’t possibly apply universally.

If you think “clear definition” can be mandated, I would refer you to the Federal Tax Code. As to the phrase “liability and ruin”, you might be watching too much TV.

 

Complex, this imbroglio, the problem could be solved with foresight, prescriptive in civil law relates to the rule of prescription which translates to Statutes of limitations.

The reason most HOA legal matters are like icebergs, you only see about 10% the other 90% is hidden and sealed away to prevent cross contamination.

The IRS is collect taxes, 90% of the tax code is not written for you. I want to steer clear of political speech.

As to liability and ruin, one needs only look at the HOAs with embezzlement and misappropriation problems, legal problems come up too!

 

Please explain what you mean here. If the antennas are hidden so no one (HOA/neighbors) can see them, how can this expose the HOA to "liability and ruin"? The HOA has the upper hand if a CC&R violation gets as far as a lawsuit.

Whether you like/agree with them or not, CC&Rs are pretty clean cut and legal. If an antenna restriction includes a "unless approved by the Design Review Committee" clause, you would have to submit plans to them. Any variation from those plans exceeding their scope would be subject to a violation, as determined by the DRC. They still have the upper hand. Where's the argument here?