Jesus knew about ham radio guys!
On Jul 23, 3:08 am, Phil Kane wrote:
On Tue, 22 Jul 2008 19:20:26 EDT, wrote: On top of that, the local governments, if they have any sense, will say it's the FCC's area, not theirs, and to go talk to them. At least one state (Florida ?. New Hampshire ?) incorporated that preemption of private contracts into their state "PRB-1" statute. Gotta find out which states - and add to the list! Pennsylvania isn't one of them yet, I know that much. The US Constitution inhibits Congressional interference with the right of contract (subject to the usual time, place, manner and least restrictive means exemptions) but civil contracts such as CC&Rs are creatures of state law and can be regulated by the state. Now I'm a little confused. I recall reading that FCC has been repeatedly asked to extend the TV- antenna-preemption thing to amateur radio antennas, but has responded that they will only do so when Congress tells them to (in the form of legislation). But now it looks like the state (not local) governments can, if they want, incorporate PRB-1 into their civil contract statues. I think this means they could declare too-strict no-antenna CC&Rs as "unreasonable" and therefore illegal. If I understand this correctly, we hams have two avenues to pursue; state and federal. 73 es TNX de Jim, N2EY |
Jesus knew about ham radio guys!
On Jul 23, 2:31 am, Phil Kane wrote:
On Tue, 22 Jul 2008 00:07:57 EDT, wrote: But in some cases, the first buyer can say "NO!" to the developer, and get restrictions removed *before* the sale. So while the rest of the properties may be restricted, that one isn't. HOA rules are another issue completely, but the same approach may work. According to California law - the one that I work with - the CC&Rs are recorded before the first unit is built, and both state law and common law holds that the restrictions run with the land. The "first owner" legally is the developer. So that idea won't work in California. I was lucky with the condo because the restriction was no antennas without permission of the board, and I got that permission while the developer was the "board" and the permission ran with my ownership and occupancy of the unit. So you did a version of the second idea. That's great! CC&Rs, HOAs and such are of interest to me because although I've managed to avoid them in the homes I've owned so far, the trends are not promising for the future. --- I see a lot of (to me) strange development going on. The first is the McMansion, a huge frame house on a relatively small lot, with all sorts of restrictions. Incredibly priced, too, and you don't even get sidewalks. How people are supposed to heat, cool and maintain them as prices rise is beyond me. The second is the condo development, aka "above-ground-rabbit-warren", where a lot of units are piled onto the absolute minimum of land, sort of like city rowhouses. The problem is that the development is nothing but homes and is sited on a busy road, so you have to get in your car and drive a couple miles or more just to get groceries or go to the post office. IOW, many of the disadvantages of the city and few of the advantages. 73 de Jim, N2EY |
Jesus knew about ham radio guys!
Phil Kane wrote:
On Tue, 22 Jul 2008 13:57:09 EDT, Michael Coslo wrote: This brings up another thought. I wonder how many times a person who has trouble with the neighbors might have trouble with them in other areas. Some times an antenna fight might just be a proxy for personality clashes. We have a neighbor across the street who had a real bad case for us about the condition of our lawn (neither of us has the strength or stamina to really care for it) and the leaves that fall on our lawn and get blown onto her pristine and well-cared-for lawn (that's all she has to do all day....). When I put up my antennas, including the R-8 vertical that sticks up 50 feet above the ground - not a peep. When we finally had the offending trees removed and contracted with a lawn maintenance company to take care of the property, she stood there and watched them work all day. Not a word of "thank you". At least she doesn't pound on our door and make threats like she used to. Admittedly, we have been blessed neighbor-wise. DId you tell here that your radials help you grass grow, and you'd be happy to extend them onto her lawn? evil grin - 73 de Mike N3LI - |
Jesus knew about ham radio guys!
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Jesus knew about ham radio guys!
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Jesus knew about ham radio guys!
Phil Kane wrote:
We've seen what happens when such a bill is introduced into The Congress, even when it is cloaked in "equality" and "public service" terms. The magic phrase is "For the children" or, now, "To fight terrorism." Properly done, it could lead to anyone WITHOUT a tower will be viewed with suspicion by the rest of the neighbors. Jeff-1.0 wa6fwi |
Jesus knew about ham radio guys!
Phil Kane wrote:
We had a builder put up a MaxiMansion near here for his own residence. They had to put in a new gas line up the street to provide enough gas to heat the place. He has his own pole-pig too. The price was several mills three years ago. Out here on Signal Hill, I have to share a pole pig with the neighbor across the road. The house across the road from that is 35 rooms occupied by a couple in their 90s - the largest car dealer in the Portland area. I would suspect that both of those places have live-in help. See! I could live in one of those places--as live-in help. Isn't it nice to have money? I'd love to have the opportunity to find out if wealth could mess up my life. Though indoor plumbing came to this area long ago, there's still a WPA-built privy on our property. When I can afford to do it up in gold leaf, I will know that I've arrived. Dave K8MN |
Jesus knew about ham radio guys!
Dave Heil wrote:
Phil Kane wrote: We had a builder put up a MaxiMansion near here for his own residence. They had to put in a new gas line up the street to provide enough gas to heat the place. He has his own pole-pig too. The price was several mills three years ago. Out here on Signal Hill, I have to share a pole pig with the neighbor across the road. The house across the road from that is 35 rooms occupied by a couple in their 90s - the largest car dealer in the Portland area. I would suspect that both of those places have live-in help. See! I could live in one of those places--as live-in help. Isn't it nice to have money? I'd love to have the opportunity to find out if wealth could mess up my life. Though indoor plumbing came to this area long ago, there's still a WPA-built privy on our property. When I can afford to do it up in gold leaf, I will know that I've arrived. Dave K8MN Your name isn't Al Gore and you haven't purchased 10,000 acres of carbon credits in West Ubanga Banga..... Dave WD9BDZ |
Jesus knew about ham radio guys!
Phil Kane wrote:
On Wed, 16 Jul 2008 20:45:50 EDT, wrote: There was also the issue that watching TV in one's home, be it a tiny studio apartment or a giant estate or anything in between, was a right of any resident, rental, owner, condo, etc. Nobody wanted to deny *that* right! Amateur radio doesn't have the same protections. "... among those rights are life, liberty, and the pursuit of happiness.... (from that radical document, the Declaration of Independence) I pursue my happiness with a K2 and an all-band antenna.... I love it. What the _Howard_ case said is that an amateur license doesn't grant a right to erect any antenna of the licensee's choosing (as against the regulatory authority of the jurisdiction filtered through PRB-1). It's still basic, though, that a HOA Rule or CC&R cannot prohibit amateur radio operation per se. Some (and only some) West Virginia communities require permits for erecting a radio tower. the CC&R situation is as ugly as it gets anywhere else. Out in the counties, the situation is quite different. Here in Marshall County, *no permit of any kind* is required to put up a tower. Count elevation, cheap dirt and no antenna restrictions among the reasons we chose to live here. (I don't play a lawyer on TV, I'm too busy being one... ) ggg Heh. Dave K8MN |
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