On Mar 10, 12:35�pm, "Howard Lester" wrote:
wrote

I think there *is* a compelling public interest in the anti-antenna
regulations contained in many CC&Rs.

First off, those regulations have become "boilerplate"
in many if not most new construction since the 1970s.
The percentage of "no antenna" homes keeps growing
with time.

However, a number of years ago the FCC prevented HOA's from restricting the
use of outdoor TV antennas *and 3' satellite dishes unless the home is in a
"historic district" or is on a list of "historic homes." The only
restriction I know of otherwise is, as I recall, that the HOA may restricted
the antenna's height to no more than 12 feet above the roof line.

FCC only did that because the Supreme Court told them to.

IANAL, but here's what I learned:

What happened was the satellite TV folks claimed that no-antenna CC&Rs
were unfair restraint of interstate
commerce. IOW, they effectively created a cable-TV
monopoly in many areas, because the satellite TV
pizza-dish antennas won't work reliably unless they
can 'see' the satellite.

The satellite TV folks fought it all the way to the Supreme
Court, and won. But only for the small dishes.

"Regular" TV broadcast reception was also included, if the TV antenna
did not exceed a certain size and wasn't more
than a certain height above ground. But the antenna must be
used *only* for TV reception - not ham radio, Wi-Fi, FM radio, SW
radio, public service, etc.

For more details, search for the "OTARD" ruling ("Off The
Air Reception Decision", IIRC.)

It doesn't matter what the HOA rules, deed restrictions,
covenants, etc., say, or that people knowingly bought into
places with "no antennas" clauses. Unless they're in a
certified historic district, they have the right to put up
certain antennas for TV reception. The Feds preempted
those contracts and rules.

Yes, I know some HOA's prevent even the use of a 2 meter "J pole" taped to
the inside of the owner's window....


---

In reading this discussion, it seems there's a major point
being missed: reasonable accomodation.

The issue isn't just about towers and big beams. It's about
unreasonable prohibition of even simple wire and vertical
antennas that are almost invisible.

The simple solution of "don't buy a restricted property"
works well in some places and not in others. It all depends
on what houses are for sale in an area when *you* need to
move. In some areas, there's no shortage of affordable
unrestricted homes for sale, but in others, they are
essentially nonexistent.


73 de Jim, N2EY