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More CC&R stuff
On Feb 13, 1:52 pm, Jeffrey D Angus wrote:
March 2010 issue of QST, page 35: "After moving in, I was told this CR also applied to any outside antennas, because the might possibly be visible to the neighbors. Drat -- time to come up with a compact stealth mode antenna..." I read this too, but if the contract says what he claimed it seems as if the FCC overruled the contract at least for some kinds of broadcast reception. For instance, they cannot forbid small satellite TV dishes. However, his solution is still not legal as the FCC specifically did not address ham radio antenna restrictions in private contracts in their OTARD rules. See: http://www.fcc.gov/mb/facts/otard.html Here we go again. Another signed contract and another evasive maneuver around it. PRB-1 does not void any private contracts (CC&Rs, lease agreements etc) like this and yes he seems to be violating the terms of his lease. Not that I would recommend breaking terms in contracts, his solution was interesting and does get him on the air. Am I missing something here? It doesn't look like it. My reading of the QST article seems to say that this guy is in violation of his lease as he understands it and as the landlord explained it when he asked. Now the landlord may be partially mistaken (that TV reception satellite antennas are really effectively banned by his lease), but everybody (the tenant and the landlord) both seem to agree that the lease restricts ham radio antennas. Clearly they would both believe that the stealth antenna is a violation of the lease, which puts the ham on bad legal footing. Personally, I'd not recommend willingly violating *any* contract terms without legal advice about the risks you are taking. Sure the landlord may not care in the long run but you *don't* want to end up in a legal battle if you can possibly avoid it. They are costly, time consuming and usually frustrating for all involved (except for the lawyers of course who get to bill by the hour.) If a ham wants to take the legal risk and put up stealth antennas to get on the air, I’m not going to complain. I may even come over and help you with the setup… I just don’t recommend taking legal risks… -= bob =- |
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