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.