Dave wrote:
D Peter Maus wrote:


SNIPPED


If the CC&R is "provided by the Assembly" is that to be understood as
an agency of government?




The Assembly is an agency of government, yes. The boilerplate CC&R's
provided, as I've read them, are provided as a guideline. Local HOA's
are free to amend them as necessary, or as desired. Or to create
CC&R's of their own.

There are in a number of states, now--Maryland and Delaware among
them--agencies of government which, at least in theory, oversee the
operations of HOA's within the state, and are the authority to which
residents may appeal cases of malfeasance, or abuse. In Maryland, this
agency has relatively broad powers, and works quite effectively at
bringing errant HOA's into compliance. In other states...not so.

In many states, HOA's, and their oversight agencies, are not aware
of the federal exemption protecting TV and small dish antennae, Ham
and CB antennae, and--at least in the opinion of a couple of FCC
Commissioners--shortwave receiving antennae. It's up to the homeowner
to keep current of the regs, rulings and opinions of FCC regarding
antennae for radio hobbycraft. These may be the homeowner's only
weapons when the issue becomes heated on the front lawn.

There is a growing number of books out there, today, regarding the
gathering nightmare of HOA abuse, offering accurate information state
by state, and remedies in the event of abuse. Do a websearch.
There's a LOT of information out there.

Your response goes right to the point. If the HOA is from a government
entity the PRB-1 exemption should be claimed and defended prior to
purchase.



Absolutely. But how many really know about that exemption going in?
And frankly, how many really think about this issue when the realtor is
throwing around numbers?

You would. I would. There are others here who would.

But by and large, no. Home buyers, as a group do not consider this
issue when making the purchase. Preferring to bitch after the fact.

Then, again, most HOA's that I've gotten to deal with have been
absolutely unwilling to both answer questions or provide copies of
bylaws and regulations to which they hold homeowners responsible. One
former member, here--who worked at VOA for years, is an active ham and
SWL--lived under the shadow of an HOA which refused to provide him a
copy of the bylaws, even after a ruling in his favor by the Maryland HOA
oversight agency.


You're right. Exemptions and unlawful restrictions SHOULD be claimed
and defended prior to purchase.

It doesn't happen.