U.S. Congress: HR 4969--extending PRB-1 to private CC&Rs

Discussion in 'Ham Radio Discussions' started by WA7DU, Jun 27, 2014.

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  1. N4DES

    N4DES Ham Member QRZ Page

    Yep I agree....deed restrictions are the ultimate governing document for any property. HOA's are in place to enforce them, if they exist at all, and permits should not be issued if it violates the deed restriction. It is what it is and like using CarFAX to buy a used car, it is buyer beware and you need to use due diligence when purchasing property.

    The point I was trying to make is that my County checks the property appraiser for the location to see if it is in a PUD or an HOA before issuing a permit and requires an approval letter if it does, but I'm sure you figured that out. :)
  2. N5PZJ

    N5PZJ Premium Subscriber QRZ Page

    Different States handle things different, once Government gets involved with HOAs and their business, PRB-1 should come into play! No longer just a Civil Matter.

    Each State with its own legal traditions has to manage this according to State Laws, by mixing HOAs, CC&Rs and Permit Offices (Government), then the rules are blurred and it is no longer a civil matter but a matter of Governance.
  3. W2AAT

    W2AAT XML Subscriber QRZ Page

    It is my understanding that here in South Carolina, the government tends to support the homeowner and not the HOA when it comes to disputes. I've not tested this as of yet :)

  4. N4DES

    N4DES Ham Member QRZ Page

    As long as deed restrictions don't violate the Constitution and/or federal law the Fed's couldn't care less. The States are free to do what they want to include turning it over to the individual Counties/Parishes/Cities to manage utilizing the Home Rule concept. There could never be any governance as there would never be a consensus across all of the jurisdictions.
  5. N5PZJ

    N5PZJ Premium Subscriber QRZ Page

    One item never mentioned is the Statute of Limitations or Prescription which is 2 years in Louisiana and if something has went on and is open, notorious and hostile for 2 years then is said "TO HAVE PRESCRIBED", or to be no effect.

    Louisiana trick, write up what you are going to do in Authentic Act (Before a Notary and 2 witnesses) reference the Building Restrictions and Property Description and record it. THEN DO IT. If no one cries foul by filing suit with in 2 yrs, home free!!! Remember, to keep something away from a Lawyer just hide it in the Courthouse!!!! YMMV LOUISIANA only.
  6. W6UV

    W6UV Premium Subscriber QRZ Page

    How about antennas on a 1/10 acre lot? That's a common lot size for new subdivisions here in California. Your neighbor's side wall is the property line (it's called zero lot line around here). In fact, there are some new developments where the house square footage is larger than the square footage of the lot.

    Any antenna on a property like this is going to either fall on a neighbors property if it comes down, or be so close that it would be objectionably noticeable. As you say that a half-acre isn't enough for a horse, I say an antenna on these tiny 1/10 acre (or smaller) lots isn't a reasonable use of the property either.
  7. N2EY

    N2EY Ham Member QRZ Page

    It all depends on the antenna!

    If we're talking about a tower and an HF beam, yes, that's not reasonable. But what about wires? What about verticals?

    A 1/10 acre lot is about 4300 square feet if my math is right. That could be 30 feet wide and 143 feet deep. Enough room for an 80 meter dipole if there are trees in the right places. Or a short mast on the peak of the house.

    And if "it might fall on a neighbor's property", then trees should not be allowed, right?
  8. W5WN

    W5WN QRZ Lifetime Member #379 Platinum Subscriber Life Member QRZ Page

    I like what W6OGC says. He was an ARRL volunteer council and handled antenna cases in SoCal. Now living in Texas, he is maneuvering through restrictions at his new QTH. HE POSTED IN THE "victim" thread on this subject.
  9. W6UV

    W6UV Premium Subscriber QRZ Page

    Trees? You've never seen one of these new California developments, have you? The only tress you'll find in these developments are a single 6' sapling in the front yards and maybe another in the back yards. Maybe in 20-30 years these trees will be big enough to support antennas.

    Wire antennas would certainly be better ascetically than a vertical or tower, especially if the wire is small gauge and blends into the surroundings. I think more people would be agreeable to permitting a wire antenna provided it looks neat tidy.
    Last edited: Oct 10, 2014
  10. KK4GGL

    KK4GGL Premium Subscriber QRZ Page

    Do the outside walls of the adjacent houses touch? I'm not being sarcastic. I have never seen house walls making a property line except for townhouses or condo type buildings.

    Any antenna? Any?

    How about a thin wire dipole or long wire? How about a wire under the eaves? How about a magnetic loop, especially if decorated? How about a wire run along the top of a fence? How about a Ventenna?

    Any antenna?
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