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

nothing unique about real estate purchasing.
That’s true regardless of whether it’s a home purchase, boat, automobile, plane, etc… I doubt anyone here would rely solely on the word of some broker when buying any of these things. And if someone does, whose fault is that? And as it relates to the subject, Congress isn’t the right place to fix someone’s lack of due diligence.

 

Yup...they come on here and say..."I didn't know there were these CC&R things with antenna prohibitions when I bought. Nobody told me". Maybe you could excuse a 20-something couple buying their first house, relying on their RE agent to guide them. Then again, at today's prices I can't imagine such a young couple being able to afford a house.

But c'mon folks...HOAs and CC&Rs have been around for over 40 years, and really mainstream in home buying since the turn of the century. They're not new concepts.

 

Private HOA entities regulate antennas used for all radio communication services in the United States.

So in other words, you're perfectly okay with them having this exclusive enforcement authority and oversight right?

 

I hate to repeat myself, but I'm going to, I believe the thread has strayed off course again. The question is not about how good or bad HOA's are, it is about how bad CC&R's / HOA's are for ham radio and ham radio antennas. Please support the Amateur Radio Emergency Preparedness Act of 2025!!!

Reach out to your Federal Representative by clicking here Current Legislation

 

Charles…When I bought this house over 23 years ago, I read the CC&Rs, understood them, and plunked down the cash. There were many reasons we bought, knowing about the antenna CC&R. *So, yes, I was OK with it*. Having previously lived in two other antenna restricted HOA communities, I had a pretty good idea of what stealth antennas could do, and I’m perfectly happy with how they perform here.

Besides the fact that this house met all our living desires, we also have beautiful, quiet AZ desert and mountain views. All the homes are one story, so the neighbors also have unobstructed views. To erect anything to obstruct them, even something like a 24’ trapped vertical or dipoles suspended on a couple of 20’-30’ poles (let alone a tower and beam), could aesthetically be an affront to our neighbors and the community as a whole. With the antenna restriction already in place when I bought, what gives me the right to come in here and selfishly want to have it removed, possibly to the detriment of others? Sometimes you have to be considerate of those around you. The antenna restriction CC&R and all the others are there for a reason.

*If visible antennas were a major priority, I would have compromised some other wants/needs and bought elsewhere*. Over 70% of all homes in the USA are *not* governed by HOAs/CC&Rs.

In the long run, it really doesn’t matter whether or not I was “perfectly OK with the exclusive enforcement authority and oversight” of ham radio antennas. It was there, legal, so I accepted and ran with it. Others have their own choice.

 

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I am stepping out here and assuming your hidden antennas have been going on for Years. This called prescription in civil law.

Your hidden antennas (s) are a constant violation which, if not cited as a violation could be an open and notorious challenge to the no Antenna rule and thus negate the CC&RS. Voided by latches.

 

You assume correctly...23 years of hidden antennas. My backup attic dipoles are obviously *completely* hidden. But my two outside screwdriver antennas are in places that are so minimally visible and small that they have attracted zero attention/comments from anyone. The top part of the 5' whip of one is visible to one next door neighbor, and the other one isn't visible at all to anyone, neighbors or the HOA. And I don't advertise/mention that I'm a ham.

The five daily pills I take are enough...I don't need any more "prescriptions". And at this point, I don't care about any legalities or "latches". I'm not interested in "negating/voiding the CC&Rs" or challenging them. For 23 years, I've been doing what I feel has been best for me and my hobby. And not affecting my neighbors whatsoever. My antennas are only a "violation" if I get caught. If/when I do, I'll deal with it at the time. So far, so good.

 

Sneaky Snake is your CB callsign. Master sneaksman, even his XYL doesn’t know when he is on the air!

Hiding the radiation aerials on BLM land!

Got ya beat, 5 prescriptions in the morning 2 at night, check-in to the net, do POTA.

 

This is incorrect regardless of how many times you repeat it.

 

What's a "CB"?

I'll hide my antennas anyway/anywhere I can to get on the air and not impose upon nor affect my neighbors. Others in similar single-family homes can do the same thing if they really want to. This is not rocket science or life and death stuff. It's a hobby, and sometimes you have to work and make decisions within the confines of your individual situation/limitations.

If you wait for the ARRL to bail you out with one of their frivolous Bills, you'll never get on the air because they don't hold water and will never get passed.

 

There’s a dirty little secret, The ARRL bill will not pass this term, let’s not discuss politics. But the dirty little secret is everybody building hidden and secret antennas are probably doing more harm to their CC&RS since these “antennas “ are being operated in defiance of the covenants. Amateurs are chipping away at the CC&RS by creating a hostile, open, defiant and notorious action by using Amateur Radio in their residences. After a few years of this subversive action, the hand of time makes enforcement much more difficult due to the Statutes of Limitations, Latches, Prescription or legal delay on enforcement of the no antenna clause. Add confusion or indifference and the die is cast to make the case that much more difficult to forbid.

 

I agree it won't pass, not because it's meritless but only because Congress only passes a tiny percentage of bills, and this particular Congress has passed even fewer than most. I doubt it will ever be read by anyone beyond the committee where it sits, and some of them won't bother reading it.

"Howsomever" (as some people have said) the idea that CC&Rs cannot be changed or even ignored isn't valid. Of course they can. HOA By-Laws may be easier to revise as in many HOAs that only requires a majority vote by the Board and not a supermajority vote of the membership. But that's a case-by-case thing and doesn't apply everywhere, just to each HOA.

And one By-Law is always: To enforce the CC&Rs.

If the Board votes to not do that, then they can not do that.

I'd think this is an easier position, but it takes active work at each individual HOA.

 

I feel confident that my “hostile, open, defiant, notorious, and subversive action” with my stealth antennas will not result in my incarceration.

 

I would not underestimate the long arm of the HOA Police!

 

First, you got to get the guy in the Black Robe to agree with the evidence with non exceptions to the evidence. Timely tickets, prompt evidence delivered to the ADA wins the race, lose your video evidence and report misfiled, maybe a slick ADA (Assistant District Attorney) might to convince the Scofflaw to plead guilty to seatbelt violation to save the day, otherwise, defense attorneys get the circular file dismissal (file 13).

Civil court rules are looser, HOA just needs to be prompt, unfortunately HOA police can’t tell a 10 meter beam from a bird feeder!