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....

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.

(I don't play a lawyer on TV, I'm too busy being one... ) ggg
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

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

On Thu, 24 Jul 2008 15:01:45 EDT, Dave Heil
wrote:

Here in Marshall County, *no permit of any kind* is required to put up a
tower.

When Beaverton decided to rewrite its Wireless Communications Facility
ordinance about 6 years ago, I made sure that I got on the committee
that was doing it (my bona fides were that as an attorney I had
drafted several in California). When it came to Ham Radio issues, it
was like shooting fish in a barrel - besides myself, the ATT Wireless
rep was a ham, and best of all, the Assistant City Attorney handling
it was the son of an active ham. As a result, no use or zoning permit
is required for towers under 70 feet, and only notification is
required for towers above that height. Building permits are something
else, though. The main problem here are CC&Rs and HOA issues.
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net