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-   -   Outwitting Home Owner Associations/Condo Associations Regarding Antennas (https://www.radiobanter.com/antenna/799-outwitting-home-owner-associations-condo-associations-regarding-antennas.html)

Jerry Oxendine December 4th 03 09:04 PM


"Cecil Moore" wrote in message
...
Jerry Oxendine wrote:

"Cecil Moore" wrote:
But Bill has bigger problems. His car broke down and he can't afford to
fix it. His electricity has been turned off. His shoes have holes in

them.
He's three months late on his taxes. What should be done?


I am not following your premise. What does this have with Bill being

"poor"
and his ability, or restictions from, putting up antennas?


A ham antenna is just one of the problems that Bill has. Why should a
ham antenna problem get more of a special treatment that any of Bill's
other problems? Premise #1: Some old people need free prescription drugs.
Premise #2: Some old people need free shoes. Premise #3: Some old people
need ham radio antennas. Where does it end?
--
73, Cecil http://www.qsl.net/w5dxp


OK. Everyone has to set priorities. Housing, food, insurance (home and
car-if any), medical expenses have to come first. Ham radio is a hobby. I
have the same expense as everyone else and my rig is an IC735 and an old
Atlas I am trying to fix as time and money permits. Lots of the radio stuff
was accumulated over many, many
years.

The antenna issue, I guess, is an issue that revolves around the old saying
"Beauty is in the eye of the beholder". To *some* people, antennas are ugly,
to others (hams) they are beautiful! Now the interests of
both the neighbors need to be balanced in some way that allows the neighbors
peace and allows the ham to pursue
his hobby. Much can be done in the area of diplomacy; this is what I did
when I first moved in. As I got to know the neighbors, I mentioned that I
was a ham. Most of them knew what that was, and I told 'em to let me know
instantly if anyone had any interference. One neighbor politely let me know
I was messing up his TV. I gave him a filter and that was that. Across the
street, the people had one of those gigantic satellite dishes. One
afternoon, the maintenance guy marched over and confidantly informed me I
was getting in the Brown's dish/TV.

"OH", I said, " Um, what time of day does this happen?"

" Around 8 AM until 11:30", was the reply.

"Well, that is interesting because I leave for work at 6:15
AM every morning and don't get home until 4:30!"

The satellite guy's face fell as his confidence melted, and he walked away.
Reckon he wanted me to take my tower down?

There's NO regulations in my town forbidding towers--only zoning governing
property lines and safety. These limitations are reasonable and I
understand them and am
willing to comply by setting my tower away the house so
that, Heaven forbid, if it fell, it would do so without damaging my
neighbor. It stood thru Hugo (96+ MPH winds) and has stood for 17 years
attached to the house so that the first 30 feet is firmly secured; there are
4 sections above guyed.

I can't speak for other localities, but here (and I checked
carefully before I even put money down), if an HOA (unlikely) were to
suddenly decide to organize, I wouldn't
join it, nor would I abide by any attempts to regulate my
antennas. According to the existing, local laws, my tower
is considered a "pre-existing" condition just like the cows
that used to graze right next door. Maybe some neighbors would like to've
gotten rid of the cows as an "eyesore" or because they "smell", but the cows
were there when the area was annexed into the city, so they
stayed until grandpa died. Again, beauty is in the eye of the beholder. To
a country kid like me, smelling or seeing
cows is/wasn't offensive and was part of the landscape.
Here, as long as I maintain my tower (I have to paint it
this spring as a matter of fact), make sure it is safe, there is no existing
way, nor any current plans to make me take
it down. This is one of the best neighborhoods one could
ever live in and I plan to live right here until I die! Everybody is "cool"
with the antenna farm, we are all friends, and anyone that moves next to me
had be ready
to accept my tower or go somewhere else! LOL! "Bill"
may have to set priorities based on the conditions that
exist and do what he can afford to do, abide with the
contract he signed or just live with it. Besides, there *are* sneaky ways
to have antennas without the blue-
haired old buzzards knowing it! Just makes it more challenging!

73

Jerry






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Ed Price December 5th 03 11:00 AM


"Dave Shrader" wrote in message
news:SWnzb.289798$9E1.1488386@attbi_s52...
Ed Price wrote:

SNIPPED

OK, just what justifies Bill's actions? His age? His loss of memory?

He's a
retiree? His simple antenna design? Or, to put it simpler, after a few

years
go by, is it OK to ignore parts of a contract that may complicate your

life?

His current options? Take down that simple antenna, and all is now in
compliance with the HOA CC&R's. That shouldn't stretch his budget too

far.

Ed
wb6wsn


Ed, when he signed his contract the CC&Rs on antennas were not the issue
as has been the premise in previous posts on this topic. If a ham moves
INTO a CC&R community he has contracted to comply with the CC&Rs. [Note:
my sister lives in a CC&R community and her antenna structure provision
has the adjective 'permanent' in the statement of terms. So, a
'temporary' antenna structure is allowed!]

However, at a later time Bill develops a new interest, ham radio, and
that includes an activity that is prohibited. Does that mean that the
VEC/VE should advise potential applicants that if you live in a CC&R
community 'Forget it!!'??

As the thread was/is developing anyone who currently lives in a CC&R
community should be discouraged from becoming a ham!

Deacon Dave



Framed that way, then, YES, a good friend would warn a neophyte about some
of the possible hassles of a hobby.

However, what prevents Bill from operating mobile, from his car? Or joining
a club and using its common station? Or, heaven forbid, finding an in-person
ham friend and setting up some kind of agreement to use his station (like
good old Bill comes over every Saturday afternoon with a pizza and a couple
of six-packs, and they do some contesting till the dials get too fuzzy to
read). Or, since he's retired, why doesn't Bill volunteer to set up a
station at one or two local schools, organize a radio club (remember them?),
and do something constructive in life instead of fighting a losing battle
against the HOA where he lives?

You are being fanatically short-sighted by insisting that an antenna farm is
needed or the hobby is impossible to pursue.

Ed
WB6WSN


Ed Price December 5th 03 11:03 AM


"Cecil Moore" wrote in message
...
Ed Price wrote:

"Dave Shrader" wrote:
The HOA police show up! What are Bill's options: He is retired and his
income is lower than when employed so moving is a very difficult option?

His current options? Take down that simple antenna, and all is now in
compliance with the HOA CC&R's. That shouldn't stretch his budget too

far.

But Bill has bigger problems. His car broke down and he can't afford to
fix it. His electricity has been turned off. His shoes have holes in them.
He's three months late on his taxes. What should be done?
--
73, Cecil http://www.qsl.net/w5dxp



Pity party?

Ed
WB6WSN


Clint December 5th 03 02:26 PM



I wouldn't. I'd recomend that if you can't abide by the
rules
that you said you would, then either don't sign the contract, or
move. All these little tales say more about the person's moral
fortitude than it does the HOA's policies...
'Doc


ah.

Nice advice for pacifists and those having a lack of spine and
a yellow tint to the bellies.

Clint



Cecil Moore December 6th 03 06:53 PM

Jerry Oxendine wrote:
Move to NC!


Or TX, or AZ. I didn't even have an HOA in San Jose, CA.
--
73, Cecil http://www.qsl.net/w5dxp



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[email protected] December 6th 03 09:59 PM


Jerry, my daughter lives in Cornelius NC, (which is as you know just a
few miles north of you) they have an HOA but it apparently doesn't mean
a darn thing.

The neighbors are moving into $220,000 new homes, they put up metal
sheds chain link fences, etc. which both are against the HOA rules. NC
is no different than any other state, they all have the dreaded HOA's.
From what I see, the HOA rules are only enforced when some damn nosey
neighbor want's to put there nose into your business.

God Bless America for our Freedoms, where ever they may be.

Jerry Oxendine wrote:

Move to NC! While I am sure there are HOA communities as the population
grows, there are still plenty
of older neighborhoods with excellent homes without HOAs here in my state.
And I have never had trouble finding a place to live without 'em. Once
checked out
a neighborhood in my town called YorkChester. Many
older homes of many styles and sizes. It had been desig-
nated an historic neighborhood and you couldn't even change the style of
your front door without dealing with
the old blue-haired lady with the peepovers. NOPE! I
ain't moving there. But I found a nice place on a dead end street where
such things had never been thought of.
Been here for 17 years.

Maybe it is more difficult in, say, California (the land of
fruits and nuts--dare I say it), but it is still possible to find
antenna-friendly places to live if one really wants to.

I have no sympathy for someone who moves into such a place where
restrictions exist KNOWING it. I am just
fiesty enough and ornery enough not to let someone else
tell me what I can do on my own property. One's property rights should
reign supreme; i.e., your rights end
at my property line, and mine end at yours. Most people
are sincerely enough for such rules not have to exist. The
neighborhood will conform by osmosis or "peer" pressure. If a neighborhood
has junk cars in it, look at the
rest of the houses; they likely will too. If there are mostly
frame "shotgun" houses, the rest are likely to be, too. If
the neighborhood is nice, brick/frame, trimmed hedges, mown lawns, *most*
all the others will be, too. Choose
your neighbors carefully and check for HOAs and coven-
ents FIRST.

Jerry


James December 7th 03 03:10 AM

Same where I live in Raleigh NC, only enforce these hoa rules when it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in hoa and county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only covered
$ 200,000 and we the rest of the hood had to pay up with increase in hoa dues.
Homeowner sells house and moved out. Did the hoa board learn ? no !
They changed rules so now you need three signed complaints from separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he don't like
to see.

I can't move out because the homes are too expensive here and almost all have
hoa stuff.
I could move out of the county to the country but the commute and schools are a
factor.
hoa rules not problem for me, nobody can see my antenna and if there is a
contest,
I put them up and take them down a day or two later.





wrote:

Jerry, my daughter lives in Cornelius NC, (which is as you know just a
few miles north of you) they have an HOA but it apparently doesn't mean
a darn thing.

The neighbors are moving into $220,000 new homes, they put up metal
sheds chain link fences, etc. which both are against the HOA rules. NC
is no different than any other state, they all have the dreaded HOA's.
From what I see, the HOA rules are only enforced when some damn nosey
neighbor want's to put there nose into your business.

God Bless America for our Freedoms, where ever they may be.

Jerry Oxendine wrote:

Move to NC! While I am sure there are HOA communities as the population
grows, there are still plenty
of older neighborhoods with excellent homes without HOAs here in my state.
And I have never had trouble finding a place to live without 'em. Once
checked out
a neighborhood in my town called YorkChester. Many
older homes of many styles and sizes. It had been desig-
nated an historic neighborhood and you couldn't even change the style of
your front door without dealing with
the old blue-haired lady with the peepovers. NOPE! I
ain't moving there. But I found a nice place on a dead end street where
such things had never been thought of.
Been here for 17 years.

Maybe it is more difficult in, say, California (the land of
fruits and nuts--dare I say it), but it is still possible to find
antenna-friendly places to live if one really wants to.

I have no sympathy for someone who moves into such a place where
restrictions exist KNOWING it. I am just
fiesty enough and ornery enough not to let someone else
tell me what I can do on my own property. One's property rights should
reign supreme; i.e., your rights end
at my property line, and mine end at yours. Most people
are sincerely enough for such rules not have to exist. The
neighborhood will conform by osmosis or "peer" pressure. If a neighborhood
has junk cars in it, look at the
rest of the houses; they likely will too. If there are mostly
frame "shotgun" houses, the rest are likely to be, too. If
the neighborhood is nice, brick/frame, trimmed hedges, mown lawns, *most*
all the others will be, too. Choose
your neighbors carefully and check for HOAs and coven-
ents FIRST.

Jerry



Ed Price December 7th 03 01:56 PM


"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in hoa and

county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only

covered
$ 200,000 and we the rest of the hood had to pay up with increase in hoa

dues.
Homeowner sells house and moved out. Did the hoa board learn ? no !
They changed rules so now you need three signed complaints from separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he don't

like
to see.



Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN


James December 7th 03 03:17 PM

Problem is the scooter guy is on the hoa board !

The hoa will disolve in 89 more years !

my neighbor thought my 2m quad beam pvc framed
was a kite ! Told him it was stuck in the tree !


This topic has been and still is active on
http://www.eham.net/forums
antenna restrictions


Ed wrote:


One guy rides a mobility scooter and he takes photos of anything he don't

like
to see.


Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN



[email protected] December 7th 03 07:53 PM



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in hoa and

county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only

covered
$ 200,000 and we the rest of the hood had to pay up with increase in hoa

dues.
Homeowner sells house and moved out. Did the hoa board learn ? no !
They changed rules so now you need three signed complaints from separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he don't

like
to see.


Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN


That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people don't
learn until the financial ball hits them in there pocket.

Jerry Oxendine December 7th 03 09:08 PM

OOOPS! Sorry about that. I forgot about Huntersville,
Davidson, etc. Nice area and expensive! I remember when the area was still
country and all those houses right the shoreline weren't built. Could've
bought a house in
the '70's for a 3rd of what it is now. And, also, I wouldn't move in there
for nut'in'--not to mention the
traffic is HORRIFIC on the I-77 corridor. Bumper to
bumper morning and evening--least little fender scraper,
your commute is over!

Let me modify this by say that, yes, there are lots of HOA communities
everywhere. But if you do a little
snooping before moving, you can find older neighborhoods that dont have the
HOA nonsense. I am
just independent to let someone tell me what to do on/with my own property.
And if I catch some bird on
a scooter taking pictures, he better not be on my land!
He comes down my driveway snooping, he just might get
his (*censored*) kicked. Sorry, but that is the way I feel about it. But
I've been here for many years, all of us here
get along well, stand beside the proverbial fence and chat,
borrow/loan tools, and all is well! ...Without any cussed
HOA!

Jerry
K4KWH

www.qsl.net/k4kwh
wrote in message ...

Jerry, my daughter lives in Cornelius NC, (which is as you know just a
few miles north of you) they have an HOA but it apparently doesn't mean
a darn thing.

The neighbors are moving into $220,000 new homes, they put up metal
sheds chain link fences, etc. which both are against the HOA rules. NC
is no different than any other state, they all have the dreaded HOA's.
From what I see, the HOA rules are only enforced when some damn nosey
neighbor want's to put there nose into your business.

God Bless America for our Freedoms, where ever they may be.

Jerry Oxendine wrote:

Move to NC! While I am sure there are HOA communities as the population
grows, there are still plenty
of older neighborhoods with excellent homes without HOAs here in my

state.
And I have never had trouble finding a place to live without 'em. Once
checked out
a neighborhood in my town called YorkChester. Many
older homes of many styles and sizes. It had been desig-
nated an historic neighborhood and you couldn't even change the style of
your front door without dealing with
the old blue-haired lady with the peepovers. NOPE! I
ain't moving there. But I found a nice place on a dead end street where
such things had never been thought of.
Been here for 17 years.

Maybe it is more difficult in, say, California (the land of
fruits and nuts--dare I say it), but it is still possible to find
antenna-friendly places to live if one really wants to.

I have no sympathy for someone who moves into such a place where
restrictions exist KNOWING it. I am just
fiesty enough and ornery enough not to let someone else
tell me what I can do on my own property. One's property rights should
reign supreme; i.e., your rights end
at my property line, and mine end at yours. Most people
are sincerely enough for such rules not have to exist. The
neighborhood will conform by osmosis or "peer" pressure. If a

neighborhood
has junk cars in it, look at the
rest of the houses; they likely will too. If there are mostly
frame "shotgun" houses, the rest are likely to be, too. If
the neighborhood is nice, brick/frame, trimmed hedges, mown lawns,

*most*
all the others will be, too. Choose
your neighbors carefully and check for HOAs and coven-
ents FIRST.

Jerry




Jerry Oxendine December 7th 03 09:15 PM


"James" wrote in message
...
Problem is the scooter guy is on the hoa board !

The hoa will disolve in 89 more years !



Like I said, I catch that so-n-so in my yard, I'll take that "board" away
from him and stomp his (*censored*) with
it. I better NOT catch anyone "snooping" around here.

my neighbor thought my 2m quad beam pvc framed
was a kite ! Told him it was stuck in the tree !


Now THAT I simple LOVE!!!!!!!!! Those blue hairs aren't as smart as they
think! Need to keep their nose back in their OWN business instead of
poking around
worrying about what is in someone elses' yard.


Jerry


This topic has been and still is active on
http://www.eham.net/forums
antenna restrictions


Ed wrote:


One guy rides a mobility scooter and he takes photos of anything he

don't
like
to see.


Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN





Russ December 7th 03 09:25 PM

On Sun, 07 Dec 2003 13:53:40 -0500, wrote:



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in hoa and

county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only

covered
$ 200,000 and we the rest of the hood had to pay up with increase in hoa

dues.
Homeowner sells house and moved out. Did the hoa board learn ? no !
They changed rules so now you need three signed complaints from separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he don't

like
to see.


Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN


That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people don't
learn until the financial ball hits them in there pocket.


Bzzzzt! Thank you for playing. You have no expectation of privacy in
a public place. You cannot forbid photography of the public areas of
your property.

Russ

MGoBlue December 7th 03 10:27 PM


"Russ" wrote in message
...
On Sun, 07 Dec 2003 13:53:40 -0500, wrote:



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when

it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in hoa

and
county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed

lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only
covered
$ 200,000 and we the rest of the hood had to pay up with increase in

hoa
dues.
Homeowner sells house and moved out. Did the hoa board learn ? no !
They changed rules so now you need three signed complaints from

separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he

don't
like
to see.

Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN


That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people don't
learn until the financial ball hits them in there pocket.


Bzzzzt! Thank you for playing. You have no expectation of privacy in
a public place. You cannot forbid photography of the public areas of
your property.

Russ


Yes, you can. None of your private property is public. Expectation of
privacy has nothing to do with the civil claim of Invasion of Privacy. It
is only a 4th Amendment doctrine.

You have every right to forbid photography of your private property, much
like concert venues and museums have that right, whether open to view or
not. To say otherwise would allow photography through open windows, if
viewable from the outside.

Thank YOU for playing.




----== Posted via Newsfeed.Com - Unlimited-Uncensored-Secure Usenet News==----
http://www.newsfeed.com The #1 Newsgroup Service in the World! 100,000 Newsgroups
---= 19 East/West-Coast Specialized Servers - Total Privacy via Encryption =---

Stinger December 7th 03 10:50 PM

Taking curbside photos happens all the time. Real Estate Appraisers have to
produce pictures of at least two (usually three) comparable homes when
they're doing an appraisal. Sometimes, they get lucky and find one on MLS,
but usually they're shooting photos from across the street.

Having known several appraisers, I can tell you that they know very well to
be discreet when doing this. If people are present in the yard, they will
ask permission, but most just leave their motor running and shoot them out
of a rolled-down window.

-- Stinger

"MGoBlue" wrote in message ...

"Russ" wrote in message
...
On Sun, 07 Dec 2003 13:53:40 -0500, wrote:



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when

it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in

hoa
and
county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed

lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only
covered
$ 200,000 and we the rest of the hood had to pay up with increase

in
hoa
dues.
Homeowner sells house and moved out. Did the hoa board learn ? no

!
They changed rules so now you need three signed complaints from

separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he

don't
like
to see.

Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN

That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people

don't
learn until the financial ball hits them in there pocket.


Bzzzzt! Thank you for playing. You have no expectation of privacy in
a public place. You cannot forbid photography of the public areas of
your property.

Russ


Yes, you can. None of your private property is public. Expectation of
privacy has nothing to do with the civil claim of Invasion of Privacy. It
is only a 4th Amendment doctrine.

You have every right to forbid photography of your private property, much
like concert venues and museums have that right, whether open to view or
not. To say otherwise would allow photography through open windows, if
viewable from the outside.

Thank YOU for playing.




----== Posted via Newsfeed.Com - Unlimited-Uncensored-Secure Usenet

News==----
http://www.newsfeed.com The #1 Newsgroup Service in the World! 100,000
Newsgroups
---= 19 East/West-Coast Specialized Servers - Total Privacy via Encryption

=---



Don Forsling December 7th 03 11:25 PM



"Iowa--Gateway to Those Big Rectangular States"
"MGoBlue" wrote in message ...

"Russ" wrote in message
...
On Sun, 07 Dec 2003 13:53:40 -0500,
wrote:



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when

it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in

hoa
and
county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed

lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only
covered
$ 200,000 and we the rest of the hood had to pay up with increase

in
hoa
dues.
Homeowner sells house and moved out. Did the hoa board learn ? no

!
They changed rules so now you need three signed complaints from

separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he

don't
like
to see.

Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN

That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people

don't
learn until the financial ball hits them in there pocket.


Bzzzzt! Thank you for playing. You have no expectation of privacy in
a public place. You cannot forbid photography of the public areas of
your property.

Russ


Yes, you can. None of your private property is public. Expectation of
privacy has nothing to do with the civil claim of Invasion of Privacy. It
is only a 4th Amendment doctrine.

You have every right to forbid photography of your private property, much
like concert venues and museums have that right, whether open to view or
not. To say otherwise would allow photography through open windows, if
viewable from the outside.

Thank YOU for playing.



No, thank you! The BASIC rule of photography is this (and I make a living
at it):

If you are standing (or sitting for that matter) on public property, you can
legally photograph anything you can see from where you are standing. There
are, of course, exceptions for various national security considerations,
etc., but it is absolutely not against the law to stand on a public sidewalk
or in a public street and take a picture of somebody's house, their rose
bushes, their car, their ugly fence, their goofy-looking mailbox, their body
etc., etc. The fourth amendment has absolutely nothing to do with it. And
it's not at all like the case of a museum--a museum is, first of all, not
public property in the sense of the law as it applies to photography (or
just plain "seeing"). First of all, photography (flash) can damage museum
property and annoy the patrons and is often prohibited by _rule_ for that
reason. Also, and one does not have unrestricted access to a museum as one
does to a street. It is not _public_ in the sense that's pertinent here.
And by the way, you _can_ legally take a picture of, say, the side of a
house sporting an open window and capture, perhaps, some of what's inside
the house and visible. And that's the law.



Dave Shrader December 7th 03 11:28 PM

MGoBlue wrote:

SNIP

Yes, you can. None of your private property is public. Expectation of
privacy has nothing to do with the civil claim of Invasion of Privacy. It
is only a 4th Amendment doctrine.

You have every right to forbid photography of your private property, much
like concert venues and museums have that right, whether open to view or
not. To say otherwise would allow photography through open windows, if
viewable from the outside.

Thank YOU for playing.


In a former profession, I needed a modified model release to photograph
the exterior of houses.

At the Mystic Seaport Museum in Connecticut, where there are outdoor
exhibits open to all, I have to register as a photographer and sign an
affidavit that the photographs are for personal, not professional, use.

DD, W1MCE



Dwight Stewart December 8th 03 12:08 PM

"Don Forsling" wrote:

(snip) The BASIC rule of photography is this
(and I make a living at it):

If you are standing (or sitting for that matter)
on public property, you can legally photograph
anything you can see from where you are
standing. There are, of course, exceptions
for various national security considerations,
etc., but it is absolutely not against the law to
stand on a public sidewalk or in a public street
and take a picture of somebody's house, their
rose bushes, their car, their ugly fence, their
goofy-looking mailbox, their body etc., etc.
(snip)



Exactly right, Don. According to several court cases, a person in a pubic
place has no reasonable expectation of privacy. Likewise, property is not
protected when photographed from a public place. In other words, as long as
you're not on private property, and what you're photographing can be seen
from outside that property, you can photograph it. There are a few
exceptions. For example, you cannot photograph someone through a window of a
house, even if you do so from a public place. You also cannot do anything
out of the ordinary, such as climbing a fence to photograph into private
property.

What you can do with those photographs is another matter (and this is
where some protections exist). In general, there are few restrictions on
photographs used for private or journalistic purposes, but commerical use
often requires permission (a release) from the person on the photograph or
the owner of the property photographed. But even here there are exceptions.
For example, a person photographed in an embarassing situation may be
protected from even journalistic use if the photograph is not specifically
news related and a person included in the general background of a photograph
used for commercial purposes may not be protected.

Everything changes when you enter private property (and a museum is often
considered private property, even if only owned by the state). In this case,
the owner of that property makes the rules.


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/


Cecil Moore December 8th 03 04:13 PM

Dwight Stewart wrote:
According to several court cases, a person in a pubic
place has no reasonable expectation of privacy. Likewise, property is not
protected when photographed from a public place. In other words, as long as
you're not on private property, and what you're photographing can be seen
from outside that property, you can photograph it.


If one doesn't want those photons being collected by a camera,
one should keep them at home.
--
73, Cecil http://www.qsl.net/w5dxp



-----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----
http://www.newsfeeds.com - The #1 Newsgroup Service in the World!
-----== Over 100,000 Newsgroups - 19 Different Servers! =-----

[email protected] December 8th 03 09:35 PM

What I failed to say Jerry, I am moving to Myrtle, yes there is an HOA
but from what I found out from the neighbors and the real estate lady
(who also resides there) the HOA is not all that strong. Wait until they
find out i'm a ham. No, I have no intention of putting up a tower, just
a long wire from the back of my property to the house (1/2 acre). Yes,
my daughter does reside in a rather expensive area. And "NO", I don't
enjoy driving on I-77. It's bumper to bumper three lanes wide from exit
21 south to the state line at 60 MPH. Happy to see they are widening the
roadway, I might even give 495 west of I-77 a shot to the state line
when it's finished. Seems for what I understand they decided to build
the east part of 495 first to accommodate the rich folks in around Union
County area. One would think the area west of I-77 close to the airport
would have heavier traffic.

Back to stealth antennas and HOA's. I have been planning for several
months how I am going to put up an antenna. Ideas I have considered a
Slinky's in the rafters, gutters, yes the house I bought does have
gutters as compared to all the other homes, most do not. And finally
long wires. So far, the only people that know I am a ham is the real
estate lady and the guy next door.

I wouldn't stop in my driveway and start taking photos of my home if you
enjoy life as it is. Don't invade my privacy and I shall not invade
yours. I invite Russ to give it a try, and "I'm NOT playing". I enjoy my
privacy. What's mine is mine and what's yours is yours. Russ, just
because the U.S. Attorney General got a new law passed in the U.S.
Congress doesn't give you or the Feds to invade my privacy.

"God Bless America"



Jerry Oxendine wrote:

OOOPS! Sorry about that. I forgot about Huntersville,
Davidson, etc. Nice area and expensive! I remember when the area was still
country and all those houses right the shoreline weren't built. Could've
bought a house in
the '70's for a 3rd of what it is now. And, also, I wouldn't move in there
for nut'in'--not to mention the
traffic is HORRIFIC on the I-77 corridor. Bumper to
bumper morning and evening--least little fender scraper,
your commute is over!

Let me modify this by say that, yes, there are lots of HOA communities
everywhere. But if you do a little
snooping before moving, you can find older neighborhoods that dont have the
HOA nonsense. I am
just independent to let someone tell me what to do on/with my own property.
And if I catch some bird on
a scooter taking pictures, he better not be on my land!
He comes down my driveway snooping, he just might get
his (*censored*) kicked. Sorry, but that is the way I feel about it. But
I've been here for many years, all of us here
get along well, stand beside the proverbial fence and chat,
borrow/loan tools, and all is well! ...Without any cussed
HOA!

Jerry
K4KWH

www.qsl.net/k4kwh
wrote in message ...

Jerry, my daughter lives in Cornelius NC, (which is as you know just a
few miles north of you) they have an HOA but it apparently doesn't mean
a darn thing.

The neighbors are moving into $220,000 new homes, they put up metal
sheds chain link fences, etc. which both are against the HOA rules. NC
is no different than any other state, they all have the dreaded HOA's.
From what I see, the HOA rules are only enforced when some damn nosey
neighbor want's to put there nose into your business.

God Bless America for our Freedoms, where ever they may be.

Jerry Oxendine wrote:

Move to NC! While I am sure there are HOA communities as the population
grows, there are still plenty
of older neighborhoods with excellent homes without HOAs here in my

state.
And I have never had trouble finding a place to live without 'em. Once
checked out
a neighborhood in my town called YorkChester. Many
older homes of many styles and sizes. It had been desig-
nated an historic neighborhood and you couldn't even change the style of
your front door without dealing with
the old blue-haired lady with the peepovers. NOPE! I
ain't moving there. But I found a nice place on a dead end street where
such things had never been thought of.
Been here for 17 years.

Maybe it is more difficult in, say, California (the land of
fruits and nuts--dare I say it), but it is still possible to find
antenna-friendly places to live if one really wants to.

I have no sympathy for someone who moves into such a place where
restrictions exist KNOWING it. I am just
fiesty enough and ornery enough not to let someone else
tell me what I can do on my own property. One's property rights should
reign supreme; i.e., your rights end
at my property line, and mine end at yours. Most people
are sincerely enough for such rules not have to exist. The
neighborhood will conform by osmosis or "peer" pressure. If a

neighborhood
has junk cars in it, look at the
rest of the houses; they likely will too. If there are mostly
frame "shotgun" houses, the rest are likely to be, too. If
the neighborhood is nice, brick/frame, trimmed hedges, mown lawns,

*most*
all the others will be, too. Choose
your neighbors carefully and check for HOAs and coven-
ents FIRST.

Jerry


[email protected] December 8th 03 10:13 PM

The media doesn't even photograph people without their permission. Who
the heck do you think you are, someone special? Don't invade the wrong
persons privacy, you could be surprised.

Basic rule of photography? Is NOT the law of the land.

Don Forsling wrote:

No, thank you! The BASIC rule of photography is this (and I make a living
at it):

If you are standing (or sitting for that matter) on public property, you can
legally photograph anything you can see from where you are standing. There
are, of course, exceptions for various national security considerations,
etc., but it is absolutely not against the law to stand on a public sidewalk
or in a public street and take a picture of somebody's house, their rose
bushes, their car, their ugly fence, their goofy-looking mailbox, their body
etc., etc. The fourth amendment has absolutely nothing to do with it. And
it's not at all like the case of a museum--a museum is, first of all, not
public property in the sense of the law as it applies to photography (or
just plain "seeing"). First of all, photography (flash) can damage museum
property and annoy the patrons and is often prohibited by _rule_ for that
reason. Also, and one does not have unrestricted access to a museum as one
does to a street. It is not _public_ in the sense that's pertinent here.
And by the way, you _can_ legally take a picture of, say, the side of a
house sporting an open window and capture, perhaps, some of what's inside
the house and visible. And that's the law.


Russ December 9th 03 03:27 AM

On Mon, 08 Dec 2003 15:35:49 -0500, wrote:

What I failed to say Jerry, I am moving to Myrtle, yes there is an HOA
but from what I found out from the neighbors and the real estate lady
(who also resides there) the HOA is not all that strong. Wait until they
find out i'm a ham. No, I have no intention of putting up a tower, just
a long wire from the back of my property to the house (1/2 acre). Yes,
my daughter does reside in a rather expensive area. And "NO", I don't
enjoy driving on I-77. It's bumper to bumper three lanes wide from exit
21 south to the state line at 60 MPH. Happy to see they are widening the
roadway, I might even give 495 west of I-77 a shot to the state line
when it's finished. Seems for what I understand they decided to build
the east part of 495 first to accommodate the rich folks in around Union
County area. One would think the area west of I-77 close to the airport
would have heavier traffic.

Back to stealth antennas and HOA's. I have been planning for several
months how I am going to put up an antenna. Ideas I have considered a
Slinky's in the rafters, gutters, yes the house I bought does have
gutters as compared to all the other homes, most do not. And finally
long wires. So far, the only people that know I am a ham is the real
estate lady and the guy next door.

I wouldn't stop in my driveway and start taking photos of my home if you
enjoy life as it is. Don't invade my privacy and I shall not invade
yours. I invite Russ to give it a try, and "I'm NOT playing". I enjoy my
privacy. What's mine is mine and what's yours is yours. Russ, just
because the U.S. Attorney General got a new law passed in the U.S.
Congress doesn't give you or the Feds to invade my privacy.

"God Bless America"


Tell you what Jim, I'll stand in the public street all I want and take
pictures of anything I want to and you can't do squat about it. I
won't trespass on your property and I won't take pictures inside your
property without your permission. Your privacy ends at your front
door, and rightly so but what's in public view is just that...public.
Ask the people at Bay Hill CC in Orlando who lost the lawsuit against
the computer game company that used images of their houses in a golf
game. Ask the big-time Hollywood star who just lost the lawsuit
against the paparazzi taking pictures outside her house. Don't be
foolish enough to accost me on public property or threaten me. The
immediate and long-term repercussions will amaze you. You aren't big
enough to intimidate me and you don't have enough money to make the
legal problems go away. Grow up a little and consult a professional
instead of getting legal advice from television or here on the 'net.
In a bit of irony, we are almost on the same side in this. I am
currently looking for a home in an area without deed restrictions.
Even if I weren't a ham, I would not sign a contract for a house with
CCRs. I lived in Heathrow in Seminole County, FL and in another CCR
community here in NC and I've had enough. When you sign for a house
in a CCR community, you are signing an ordinary commercial contract
that is completely enforceable (from both sides!) no matter what you
think or how hard you stamp your feet.

Russ

Russ December 9th 03 03:35 AM

On Mon, 08 Dec 2003 16:13:03 -0500, wrote:

The media doesn't even photograph people without their permission. Who
the heck do you think you are, someone special? Don't invade the wrong
persons privacy, you could be surprised.

Basic rule of photography? Is NOT the law of the land.

Don Forsling wrote:

No, thank you! The BASIC rule of photography is this (and I make a living
at it):

If you are standing (or sitting for that matter) on public property, you can
legally photograph anything you can see from where you are standing. There
are, of course, exceptions for various national security considerations,
etc., but it is absolutely not against the law to stand on a public sidewalk
or in a public street and take a picture of somebody's house, their rose
bushes, their car, their ugly fence, their goofy-looking mailbox, their body
etc., etc. The fourth amendment has absolutely nothing to do with it. And
it's not at all like the case of a museum--a museum is, first of all, not
public property in the sense of the law as it applies to photography (or
just plain "seeing"). First of all, photography (flash) can damage museum
property and annoy the patrons and is often prohibited by _rule_ for that
reason. Also, and one does not have unrestricted access to a museum as one
does to a street. It is not _public_ in the sense that's pertinent here.
And by the way, you _can_ legally take a picture of, say, the side of a
house sporting an open window and capture, perhaps, some of what's inside
the house and visible. And that's the law.


Sorry Pappy, you're wrong. You have NO expectation of privacy in a
public place. How many photos have you had published? I have had
many and none of them required model releases. Why? You guessed it,
didn't you...there is no privacy in public. I cited examples in
another post but I'll repeat them here, just for your edification. A
big Hollywood star lost a lawsuit in the last couple of weeks against
the paparazzi taking pictures outside of her house from public
property. Some homeowners at the Bay Hill CC in Orlando, FL lost a
suit against a computer game compant that used images of their houses
in a game. As a matter of fact, the law protects ME from your
intrusion or interference when I'm in public no matter what I'm doing.

Russ

Dwight Stewart December 9th 03 04:44 AM

"Cecil Moore" wrote:

If one doesn't want those photons being
collected by a camera, one should keep
them at home.



Greetings, Cecil. Haven't heard from you in that other newsgroup (rrap)
for some time. Where have you been lately?


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/


Dwight Stewart December 9th 03 05:02 AM

wrote:

The media doesn't even photograph people
without their permission. (snip)



It's done all the time, Pappy. Do you honestly think the media runs around
getting permission (a release) for all those people at a sports event,
demonstration, or some other news story? If you or your home is a news
story, or either is caught in a photograph of a news story, there are few
privacy protections involved. If you or your home is photographed from a
public place, there are few privacy protections involved.


Who the heck do you think you are, someone
special? Don't invade the wrong persons privacy,
you could be surprised.

Basic rule of photography? Is NOT the law of
the land.



The case law is clear on the matter, Pappy. And there are dozens of books
on the legal issues surrounding photography, most citing specific cases,
available to photographers. Any wise photographer has read several (I've
read perhaps all of them over the years).


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/


Roger Halstead December 9th 03 08:29 AM

On Tue, 09 Dec 2003 02:27:21 GMT, Russ wrote:

On Mon, 08 Dec 2003 15:35:49 -0500, wrote:

What I failed to say Jerry, I am moving to Myrtle, yes there is an HOA
but from what I found out from the neighbors and the real estate lady
(who also resides there) the HOA is not all that strong. Wait until they
find out i'm a ham. No, I have no intention of putting up a tower, just
a long wire from the back of my property to the house (1/2 acre). Yes,
my daughter does reside in a rather expensive area. And "NO", I don't
enjoy driving on I-77. It's bumper to bumper three lanes wide from exit
21 south to the state line at 60 MPH. Happy to see they are widening the
roadway, I might even give 495 west of I-77 a shot to the state line
when it's finished. Seems for what I understand they decided to build
the east part of 495 first to accommodate the rich folks in around Union
County area. One would think the area west of I-77 close to the airport
would have heavier traffic.

Back to stealth antennas and HOA's. I have been planning for several
months how I am going to put up an antenna. Ideas I have considered a
Slinky's in the rafters, gutters, yes the house I bought does have
gutters as compared to all the other homes, most do not. And finally
long wires. So far, the only people that know I am a ham is the real
estate lady and the guy next door.

I wouldn't stop in my driveway and start taking photos of my home if you
enjoy life as it is. Don't invade my privacy and I shall not invade
yours. I invite Russ to give it a try, and "I'm NOT playing". I enjoy my
privacy. What's mine is mine and what's yours is yours. Russ, just
because the U.S. Attorney General got a new law passed in the U.S.
Congress doesn't give you or the Feds to invade my privacy.

"God Bless America"


Tell you what Jim, I'll stand in the public street all I want and take
pictures of anything I want to and you can't do squat about it. I


Actually there is. As a civil matter, if you have enough money you
can sue most any one for most any thing that you *think* affects you.

Now you might, win, or quite likely would win, but to do so is
expensive. For many just the prospect of being taken to court can be
a deterrent.

You could also sue for harassment... But we are looking at something
like 20 grand to file a suit unless it's small claims. A good lawyer
can draw it out to the point where it can run into 6 figures. The
only ones winning in that case are the lawyers. It *may* depend on
how much you can afford to protect your legal rights to do what some
one else doesn't like.

Another option is for him to contact a couple neighbors and they
report you to the police as acting suspicious. You may get hauled
away and only have the opportunity to explain later.

In New England a group is suing the pilots flying out of a local
airport because they don't like the noise and there is nothing illegal
about what the pilots are doing. So, by harassing the pilots by
filing lawsuits they figure they can force them out. It may work and
it may backfire if the pilots counter sue for harassment.

Roger Halstead (K8RI & ARRL life member)
(N833R, S# CD-2 Worlds oldest Debonair?)
www.rogerhalstead.com
Return address modified due to dumb virus checkers

[email protected] December 9th 03 02:41 PM

Let's not get stupid here.

I don't make threats.

I as well as you and all reading this do know that there are HOA's that
run a decent and positive program.
I believe this thread was centered around the HOA that wants to try and
push their program to the limit with some people on the boards and some
neighborhood people who think they are cops, running around the
neighborhood harassing their fellow neighbors for the most stupid thing
they can find. That is what the majority of us are complaining about.
People who think they are real cops when in fact they are just the
neighborhood nuisance.

The new neighborhood I am moving into (159 homes), there are 9 "real"
cops, 3 still on the job and 5 retired, just like myself. I do believe
the neighborhood is well protected. Oh, I failed to mention that the
Chief of the County Police also resides there. Being private property we
do not have police patrols so the good neighbors as they are look out
for each other when it comes to strangers driving through. When I was
ask by two people when I stopped at a stop sign if they could help me
find someone I was looking for. I told them I was looking over the area
because I was buy a home there and gave them the address. We had a very
nice talk and I moved on about my business.

As I have said before as well as others: I respect your privacy rights,
you should be doing the same.

"God Bless America"

Russ wrote:

On Mon, 08 Dec 2003 15:35:49 -0500, wrote:

What I failed to say Jerry, I am moving to Myrtle, yes there is an HOA
but from what I found out from the neighbors and the real estate lady
(who also resides there) the HOA is not all that strong. Wait until they
find out i'm a ham. No, I have no intention of putting up a tower, just
a long wire from the back of my property to the house (1/2 acre). Yes,
my daughter does reside in a rather expensive area. And "NO", I don't
enjoy driving on I-77. It's bumper to bumper three lanes wide from exit
21 south to the state line at 60 MPH. Happy to see they are widening the
roadway, I might even give 495 west of I-77 a shot to the state line
when it's finished. Seems for what I understand they decided to build
the east part of 495 first to accommodate the rich folks in around Union
County area. One would think the area west of I-77 close to the airport
would have heavier traffic.

Back to stealth antennas and HOA's. I have been planning for several
months how I am going to put up an antenna. Ideas I have considered a
Slinky's in the rafters, gutters, yes the house I bought does have
gutters as compared to all the other homes, most do not. And finally
long wires. So far, the only people that know I am a ham is the real
estate lady and the guy next door.

I wouldn't stop in my driveway and start taking photos of my home if you
enjoy life as it is. Don't invade my privacy and I shall not invade
yours. I invite Russ to give it a try, and "I'm NOT playing". I enjoy my
privacy. What's mine is mine and what's yours is yours. Russ, just
because the U.S. Attorney General got a new law passed in the U.S.
Congress doesn't give you or the Feds to invade my privacy.

"God Bless America"


Tell you what Jim, I'll stand in the public street all I want and take
pictures of anything I want to and you can't do squat about it. I
won't trespass on your property and I won't take pictures inside your
property without your permission. Your privacy ends at your front
door, and rightly so but what's in public view is just that...public.
Ask the people at Bay Hill CC in Orlando who lost the lawsuit against
the computer game company that used images of their houses in a golf
game. Ask the big-time Hollywood star who just lost the lawsuit
against the paparazzi taking pictures outside her house. Don't be
foolish enough to accost me on public property or threaten me. The
immediate and long-term repercussions will amaze you. You aren't big
enough to intimidate me and you don't have enough money to make the
legal problems go away. Grow up a little and consult a professional
instead of getting legal advice from television or here on the 'net.
In a bit of irony, we are almost on the same side in this. I am
currently looking for a home in an area without deed restrictions.
Even if I weren't a ham, I would not sign a contract for a house with
CCRs. I lived in Heathrow in Seminole County, FL and in another CCR
community here in NC and I've had enough. When you sign for a house
in a CCR community, you are signing an ordinary commercial contract
that is completely enforceable (from both sides!) no matter what you
think or how hard you stamp your feet.

Russ


RHF December 10th 03 08:31 AM

HEY ! Even though I am from the opposite side of the aisle.

You got to "LOVE" Willie Brown :o)
- He has been a Good
- - and Faithful Public Servant.
- - - Who has Served the State of California,
- - - - and the People of San Francisco very well.

God Bless Him, amen, Amen. AMEN !

~ RHF
..
..
= = =
= = = wrote in message . ..

On Tue, 09 Dec 2003 07:29:04 GMT, Roger Halstead
wrote:

In New England a group is suing the pilots flying out of a local
airport because they don't like the noise and there is nothing illegal
about what the pilots are doing. So, by harassing the pilots by
filing lawsuits they figure they can force them out. It may work and
it may backfire if the pilots counter sue for harassment.


This was tried in the San Francisco Bay Area some years back.
Flight patterns, changed for environmental reasons, brought outgoing
flights over housing south of San Francisco. After a number of
nuisance suits had been won in small claims court, Willie Brown, then
speaker of the assembly got a law passed preventing such suits. To
avoid problems with laws designed for specific entities (and probably
to minimize opposition), he managed to write the law so narrowly that
it applied only to SFO and one tiny airport up in Siskiyou County that
had no interest in the legislation.


..

Dwight Stewart December 10th 03 10:53 AM

"Ed Price" wrote:

Great Freudian slip re "pubic place". huge grin



Done all the time recently. I have a new desk with the keyboard too far
off centered. As a result, typing mistakes have increased dramatically. In
this case, that "Freudian slip" got right past my spelling checker.


Have you ever considered testing the universal truth
of your assertion? How about spending a week or
two at a playground, photographing only little girls,
say ages 6 to 10. Let us know if you survive.



Lets be realistic here, Ed. We're not talking about child porn - laws
don't protect that. What we're talking about is photographs taken for
legitimate purposes (art, advertising, travel, architecture, news, and so
on).

Regardless, while I haven't photographed little girls specifically (and
have no special desire to do so), I have dozens of images of kids at
playgrounds, parks, and on the street, in my film library. Some were taken
by me and some by my wife. Whatever the case, nobody has ever complained
while either of us were taking those photographs.


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/


Steve Silverwood December 12th 03 10:58 AM

In article 5Dayb.252403$mZ5.1876750@attbi_s54,
says...
Why does it have to be about damn property values?


Fairly simple, actually:

If your property value increases, your equity increases. If you have
more equity, then there's more value that you can borrow against.

--

-- //Steve//

Steve Silverwood, KB6OJS
Fountain Valley, CA
Email:


Steve Silverwood December 12th 03 10:58 AM

In article , says...
For starters, most hams that put up towers with elaborate antenna systems
would take them down when they moved (unless they became a silent key),
because these things are not petty investments, they cost a lot of money.
Some installations cost more than a new mid-sized car.


True. I've seen some pretty elaborate antenna farms, even here in
suburban Orange County, CA -- some even in my neighborhood. (Only part
of our neighborhood is condos, the rest being single-family residences
(houses), and the latter have some pretty nice antenna installations.)

The installation of
the tower itself is held to much higher standard by law than the house
itself is.


Sad but true.

And again, unlike someone who puts up an old car on blocks, or paints their
home in rainbow glow paint, hams perform a public service. There currently
exists a rule within the FCC that disallows municipalities preventing
amateur operators from erecting antennas, and a similar rule for CC&R's is
in the works.


At least, we hope it's still "in the works." How long has that been
rattling around the halls of Congress now, two years? Any bets on which
comes on the scene first in the US: a code-free amateur radio service,
or a PRB-1 bill to cover CC&Rs?

--

-- //Steve//

Steve Silverwood, KB6OJS
Fountain Valley, CA
Email:


Volker Kerkhoff January 18th 04 01:49 PM

wrote:

"God Bless America" for the freedoms we still have.


I don't know whether I'll take your way or the spanish way. Spanish
federal antenna laws have gone a long way for the last 15 years.

Allow me to outline the basic principles:

1. Acess to all information services is free. A community, landlord, HOA
or other entity may not oppose to the installation of technical
infrastucture in the "part of the building for exclusive use of the
interested party" or on the "common surfaces of the building shared by
all the users of the property" required to access a particular
information service. The interested party shall cover the costs of
installation and of restoring the common areas to their initial
condition upon termination of usage of the system.

2. If more than one party is interested in the use of a particular
service, they must used shared portions of the same infrastructure and
share the cost. i.e. 5 tenants want Satellite service "A", so they have
to use the same dish. I want to get only FTA channels, with a rotator,
so I get to put up my own dish, using the other tenant's pole and tubes
for the installation, and I heve to reimburse them proportionally for that.

3. SWL and Scanning ist, strangely enough, seen as "access to pubically
available information services". When I put up my first discone on the
roof, the chairman of the owner's board came out, wanting to tell me
"You can't, it's gonna cause TVI". I told him that it was only for
receiving. He asked "What sort of stuff" - I answer "Radio stations fotm
around the world". "Well", he says "I'll need to look if thats allowed"
- "You needn't" I say "I already informed myself" and hand him a
printout of the legal text.

4. Hams are different, but also enjoy more privileges. A ham only gets
the letters for the STATION in Spain, not for the license. So he must
apply for them providing a file with all the elements of his station,
including the radiating ones. Antennas must include calculations about
wind and snow load, guying, etc. Once the application is made, the
spokesman of the homeowners association gets a letter from the telecomm
authority, and has 15 days to oppose. "We don't wand that kind of stuff"
or "All he other tenants have oppsed" are not valid reasons.

Oh, and BTW, CBers must also be individually registered with the provice
telecomm authority, and get a callsign ECB(Province
number)(Three-letter-suffix) and provide initial proof that they
acquired their equipment legally and *with* valid and current type
approval. They also heve to emit their callsign "when beginning and
before endig communication" and "at 5 minutes interval in longer
communications". We have amzingly little complaints about RFI and
similar issues here...

Yes, it's bureaucratic, but what the hell....


Cecil Moore January 18th 04 04:37 PM

Volker Kerkhoff wrote:
1. Acess to all information services is free.


Does God provide it as a miracle? That's the only
way it could be free. I'm willing to bet taxpayers
pay for it and all other "free" governmental services.
--
73, Cecil http://www.qsl.net/w5dxp



-----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----
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Volker Kerkhoff January 18th 04 06:00 PM

Cecil Moore wrote:
Volker Kerkhoff wrote:

1. Acess to all information services is free.



Does God provide it as a miracle? That's the only
way it could be free. I'm willing to bet taxpayers
pay for it and all other "free" governmental services.


Should have specified... Free (as in free speech, not as in free lunch)
not necessarily means free of charge or other contractual terms, but
"must be acessible to anyone wanting to access it and pay the associated
charges and obey the contractual terms that go with it. Alas, I still
can't subscribe to a digital Satellite Pay-TV package sold and marketed
to germany in Spain, because the service provider does not hold a
license for selling in Spain, but I can access the 70-something
Free-to-air Sat cgannels in german, and put up a dish for it, and nobody
can legelly prevent me from doing so.

73,

Volker


Tdonaly January 18th 04 07:59 PM

Cecil wrote,

Volker Kerkhoff wrote:
1. Acess to all information services is free.


Does God provide it as a miracle? That's the only
way it could be free. I'm willing to bet taxpayers
pay for it and all other "free" governmental services.
--
73, Cecil http://www.qsl.net/w5dxp


Yes, like fire and police "protection." I got chewed out
by a Foster City, Ca. motorcycle officer yesterday for
slowing down as I passed a grade school when the
school wasn't in session. That chewing out was free
in the sense I didn't have to pay for it at the time and
was theoretically available to everyone, but the cop's
salary is paid by Foster City taxpayers.
73,
Tom Donaly, KA6RUH



[email protected] January 18th 04 11:53 PM

On Sun, 18 Jan 2004 12:56:45 -0800, Bill Turner
wrote:

On 18 Jan 2004 18:59:54 GMT, (Tdonaly) wrote:

Yes, like fire and police "protection." I got chewed out
by a Foster City, Ca. motorcycle officer yesterday for
slowing down as I passed a grade school when the
school wasn't in session.


_________________________________________________ ________

I'd write a letter to the Chief. Cops have better things to do than
that.



Waste of time -- the last thing the chief will admit to
publicly is that one of "our own" was wrong. We have plenty of bozos
like this out here.


Alex V Flinsch January 19th 04 02:21 AM

On or about Sun, 18 Jan 2004 18:00:43 +0100, Volker Kerkhoff
wrote about the following in article
:


Should have specified... Free (as in free speech, not as in free lunch)
not necessarily means free of charge or other contractual terms, but "must


With a statement like that, I knew that you were a Linux user even before
looking at the message headers...


--
Alex / AB2RC
Yaesu Ft100 software for Linux http://www.qsl.net/kc2ivl
Why do they call Radio "Wireless", between my shack and antennas
I must have over 1500 feet of wire!


PatW January 19th 04 08:04 PM

Interesting discussion. As a the former treasurer of a large
complex(250 units), I was the chair of the roofing committee. The
roofs were all failing on 30 buildings and an inspector was hired to
review them. The junk that was attached to the roofs was one of the
major problems. Cables penetrating the surface etc.
In one case, a TV antenna was screwed right into the roof. When it
comes to common property like that, the association cannot allow
individuals to attach their own private stuff wherever they want.
So, homeowners can put up a TV antenna, but the association has to
protect the roofs, at a minimum, from damage.
I don't know how you can accomplish both.
Pat W

David G. Nagel January 20th 04 03:19 AM

Establish a procedure by which a professional installer places all
antennas on the roof. Failure to use the approved installer can result
in the homeowner paying for replacement of everything.

Dave N

PatW wrote:
Interesting discussion. As a the former treasurer of a large
complex(250 units), I was the chair of the roofing committee. The
roofs were all failing on 30 buildings and an inspector was hired to
review them. The junk that was attached to the roofs was one of the
major problems. Cables penetrating the surface etc.
In one case, a TV antenna was screwed right into the roof. When it
comes to common property like that, the association cannot allow
individuals to attach their own private stuff wherever they want.
So, homeowners can put up a TV antenna, but the association has to
protect the roofs, at a minimum, from damage.
I don't know how you can accomplish both.
Pat W



www.ttdown.com January 20th 04 11:24 PM

On Mon, 19 Jan 2004 01:21:37 GMT, Alex V Flinsch
wrote:

On or about Sun, 18 Jan 2004 18:00:43 +0100, Volker Kerkhoff
wrote about the following in article
:


Should have specified... Free (as in free speech, not as in free lunch)
not necessarily means free of charge or other contractual terms, but "must


With a statement like that, I knew that you were a Linux user even before
looking at the message headers...


Well, no I am a user of whatever operating system my customer expects
me to, as long as I have the skills for it. This may involve Linux,
Solaris, various flavours of Windows, QNX, OpenVMS, Tru64, HP/UX. At
home, btw I use a linux box for a Firewall and Mail / News Gateway to
my DSL, and another one as a "playground" and File Server. In my radio
/ SWL corner I have a Windows-based PC since most of the software,
starting with ILGDB and ending with Digital Modes is simply not
available for Linux. I choose whatever tool does the job, and this may
involve all of the above.

Ah, yes, and although I have a goatee (which I keep short and well
trimmed) I feature a clean, short haircut, unlike some other gentlemen
in Linux advocacy.

Anyways, could this "free" be so misunderstood? When I hear the USA
being referred to as "The Land of the Free" I don't immediately think
"Cool, gotta go there for my next holidays, must be cheap", even
though I am not a native english speaker.



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