On Mar 10, 5:38 am, "Bill Horne, W1AC"
wrote:

IANALB, the way it was explained to me is that Congress is very
reluctant to intercede in what is, in essence, a contractual matter, and
I think that reluctance is justified.

I understand that the FCC didn't want to get involved for Hams, but
they did use PRB-1 to pre-empt these private contracts for TV and Data
Services so they do have the right.

I think homeowners are justified in seeking relief from _government_
regulation of antennas, since such rules are not the sort of thing local
governments do well. Deed restrictions, however, are something I think
the government should stay out of unless there's a _very_ compelling
public interest.

One can argue that there is a compelling interest in providing
"reasonable accommodation" for armature radio. Should I desire to put
up any kind of usable antenna, my options are as follows:

1. Get the HOA to back off by my persuasive arguments about the
neighborhood being better off having such communications
infrastructure in my back yard. (Very unlikely)
2. Move to a different house that has less restrictive CCNR's. (Which
I cannot find with the same quality/price that I have now)
3. Put it up anyway and wait for a court order to take it down (and
pay the HOA whatever they decide the fines are going to be) (Which I
cannot afford, I'm sure.)
4. Hope for a state or federal law that preempts the CCNR's I feel
where forced on me in many ways.

I'm here to tell you that in Northeast Dallas you are very unlikely to
find reasonable housing in the $200K price range built in the last few
years that is not CCNR restricted from ham radio antennas. The
builders here simply use the same boiler plate CCNR for all their
developments and there is little else to buy here. It may be
different in rural areas, but I'm betting that around larger cities in
the US this is standard practice. This means that #4 is about all I
can hope for.

-= bob =-