Dick Grady AC7EL wrote:

If you help him put up an antenna which is contrary to his CCRs,
wouldn't that make you an accomplice? And maybe equally liable to be
sued? You'd best check this out with your lawyer beforehand.


First let's note that CC&Rs are theoretically contractual obligations.
While the terms of a contract may be enforced through either arbitration or
legal process, there can be no criminal liability and hence no chance of
being an accomplice.

2nd, the individuals who need to consult attorneys are those who want to
either enforce the terms of CC&Rs or to avoid their effect.

3rd, I'ld suggest finding out which restrictions apply to a piece of land
before purchasing said property, but there are always exceptions which vary
by state. Some conditions cannot be enforced, while at other times if a
period of time has passed without enforcement, enforcement also isn't
possible.

4th, the ideal solution would be for Congress to direct the FCC to exempt
amateur installations from most such contractual obligations, and then have
the FCC do so, as it did for TV antennas and dishes less than one meter in
diameter. I don't see that happening in the near future, but we as hams can
always hope.

On Feb 18, 7:09 am, Art Clemons wrote:

4th, the ideal solution would be for Congress to direct the FCC to exempt
amateur installations from most such contractual obligations, and then ha
ve
the FCC do so, as it did for TV antennas and dishes less than one meter i
n
diameter. I don't see that happening in the near future, but we as hams
can
always hope.

Which is pretty much the intent of HR 2160, albeit in a round about
sort of way.

http://www.arrl.org/?artid”29

I'm guessing that this bill will never make it out of committee, and
even if it did, there is no real hope of it directly helping this
situation unless the report it commissions spurs congress to act.

We've had some efforts at the Texas state level to make a state law
that applies the PRB-1 language to private contracts and CC&R's but
these usually never make it very far. Other states may have had more
luck with this, I don't know. In Texas they where strongly opposed by
the HOA management company lobby and I suspect that the same folks
would come out of the wood work to oppose any efforts at the federal
level.

Best we can do at this point is to try and lobby our congressmen to
support HR 2160 and senators to support SB 1755. See the ARRL’s
information http://www.arrl.org/govrelations/ page for details on how
best to help.

Even if you don’t have CC&R problems now I would recommend any ham (or
other interested party) urge your elected officials to support this.
I would love to have a better legal position when trying to talk the
HOA into letting me put up some antennas. Right now I have to pretty
much beg and take what they give me.

-= Bob =-

On Thu, 18 Feb 2010 12:32:02 EST, KC4UAI wrote:

We've had some efforts at the Texas state level to make a state law
that applies the PRB-1 language to private contracts and CC&R's but
these usually never make it very far.

A couple of years ago in Nevada, a bill was proposed to incorporate
PRB-1 into state law, and also to extend it to CCRs. There was much
opposition to the CCR part by builders, HOAs, etc. Finally, the
sponsors deleted the CCR part, so that they could get the PRB-1 part
into state law. The bill finally passed with the PRB-1 only. The
thinking was, let's get PRB-1 passed, and fight for the CCR part
another year. We're still waiting.

Dick Grady AC7EL writes:


A couple of years ago in Nevada, a bill was proposed to incorporate
PRB-1 into state law, and also to extend it to CCRs. There was much
opposition to the CCR part by builders, HOAs, etc. Finally, the
sponsors deleted the CCR part, so that they could get the PRB-1 part
into state law. The bill finally passed with the PRB-1 only. The
thinking was, let's get PRB-1 passed, and fight for the CCR part
another year. We're still waiting.

No surprise. In general, the Hill's response to an effective bill
that upsets powerful folks [And make no mistake, the homebuilders
are a powerful lobby group..] is to pass a watered-down bill that
accomplishes little.

That way, when Your Gal/Guy is stumping for reelection,
[s]he can hold the bill up as a legislative accomplishment.

There's every reason to believe that state legislatures
work in a similar manner.
--
A host is a host from coast to
& no one will talk to a host that's close........[v].(301) 56-LINUX
Unless the host (that isn't close).........................pob 1433
is busy, hung or dead....................................20915-1433

"Art Clemons" wrote in message
...
Dick Grady AC7EL wrote:
If you help him put up an antenna which is contrary to his CCRs,
wouldn't that make you an accomplice? And maybe equally liable to be
sued? You'd best check this out with your lawyer beforehand.

"Accomplice" is a meaningless word with regard to civil contracts.

First let's note that CC&Rs are theoretically contractual obligations.
....

4th, the ideal solution would be for Congress to direct the FCC to exempt
amateur installations from most such contractual obligations, and then
have
the FCC do so, as it did for TV antennas and dishes less than one meter
in
diameter. I don't see that happening in the near future, but we as hams
can
always hope.

Don't forget state law. For example, here in California, we had a statute
protecting satellite dishes a year before the FCC imposed their federal
position.