In article ,
KC4UAI wrote:

I was wondering though. Given the section on antennas in my
CC&R's is largely illegal now that they where preempted
by the FCC, could one argue that because the section is
illegal, it cannot be enforced?

Thought 1 - check for a "severability" clause.

Thought 2 - the fact that parts of the section have been preempted,
doesn't mean that they're "illegal" - simply that those specific
sections cannot be enforced. There's no illegality (crime) in those
sections being present in your CC&Rs, but they've been de-fanged.

If your HOA were to try to enforce the preempted sections, and
persisted in doing so even after being formally advised that these
sections have been preempted, you might be in a position to
counter-sue the HOA (for your costs, at least), and perhaps get a
court order enjoining them from further attempts to enforce.

I really doubt that any of this would help you, in dealing with the
application of these rules to antennas which don't qualify for the
OTARD preemption (e.g. ham antennas).