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Scott W. Harvey wrote:
Doug Adair wrote: "Randy or Sherry Guttery" wrote Chuck Harris wrote: I'd sure like to see some references on that one! Yeah, me to. Where my mother lives (condominiums) they absolutely prohibit visible antennas of any sort - it's in their association bylaws. If they put up a dish - they have to camouflage it. The City is just as tough on other similar stuff... Better tell her association that lawyers will be knocking on their door sooner or later with their hands out. I don't know about rooftop conventional OTA antennas, but associations are absolutely prohibited by federal law from including prohibitions on DBS dishes in their CCRs or discouraging their use in any way. Requirements to camoflage are NOT permitted either. The FCC has made it very clear that they want competition to cable and have jurisdiction in this matter to achieve it, so the edicts of cities and "townships" do not apply. If an association takes it to court they will LOSE. I have a acquaintance who made a good chunk of change during the dot-com days. He bought a home in a tony planned community in 2001, and put up a DirecTV dish. Almost immediately one of the neighborhood Nazis tried to get him to take it down under threat of suit, he said "go ahead and try"......and they did, and wound up with several thousands of dollars of egg on their faces, which their insurance company did not pay for because they had already warned about it in one of their newsletters to the association some time earlier. Some time later, I ran into his lawyer (I had met him earlier because I had helped install the dish that started this mess) and the subject of the DirecTV dish suit came up. He told me that he deals with disputes between homeowners and HOAs all the time about all sorts of issues embedded in CCRs-sometimes he wins and sometimes he loses, but he has NEVER lost a case involving a homeowner's DBS dish, and he has dealt with a couple hundred cases. Unfortunately, none of this applies to ham radio antennas. HOAs are free to deal with them as they wish, and a lot of them wish to ban them outright. -Scott Thanks for chiming in, Scott - It seems we have this discussion every year or so, and the same sad group of naysayers chimes in with "Can't be so. My mother-in-law's great-grand-uncle lives in a condo in East Buttend and they won't let him do it." I think that the HOAs write this stuff into their CCRs because they assume that the homeowners either won't know the truth, or won't hire a lawyer to fight for them. It's a power thing. Bill |
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