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Old October 15th 11, 06:11 AM posted to rec.radio.amateur.moderated
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Default HOA and CC&R agreements.

On Fri, 14 Oct 2011 12:21:06 EDT, Bill Horne
wrote:

1. CC&R's or other homeowner agreements may or may not obligate
homeowner to avoid erecting separate antenna structures, but you don't
know that they specifically prohibit the use of concealed antennas for
amateur radio.


FCC rulings in several cases have held that HOA regulations or CC&Rs
can prohibit erection of antennas on property that they have
jurisdiction over, but only the FCC can determine who and where radio
transmitters can be operated.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

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Old October 15th 11, 02:42 PM posted to rec.radio.amateur.moderated
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Default HOA and CC&R agreements.

On Sat, 15 Oct 2011 01:11:15 -0400, Phil Kane wrote:

FCC rulings in several cases have held that HOA regulations or CC&Rs can
prohibit erection of antennas on property that they have jurisdiction
over, but only the FCC can determine who and where radio transmitters
can be operated.


HOAs cannot prohibit installation of TV reception antennas, including
parabolic reflectors up to 30" (36"?) on parts of the building under
exclusive control of the would-be receiver.

As a licensed amateur, the FCC allows me to determine when and where I
may transmit.

I find the invisible (stealth?) ham a fascinating subspecies and think
the hobby is better for them. Homeowners associations at best protect
property values, and reserve official actions for obvious infractions.
"Reasonable" goes a long way with good ones.

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Old October 24th 11, 05:33 AM posted to rec.radio.amateur.moderated
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Default HOA and CC&R agreements.

On 10/15/2011 1:11 AM, Phil Kane wrote:
On Fri, 14 Oct 2011 12:21:06 EDT, Bill
wrote:

1. CC&R's or other homeowner agreements may or may not obligate
homeowner to avoid erecting separate antenna structures, but you don't
know that they specifically prohibit the use of concealed antennas for
amateur radio.


FCC rulings in several cases have held that HOA regulations or CC&Rs
can prohibit erection of antennas on property that they have
jurisdiction over, but only the FCC can determine who and where radio
transmitters can be operated.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net



But unless the HOA or CC*R are made clear at time of purchase.. I mean
when I bought my house they gave me a pile of papers.. I'm not a
lwayer,, How do I ,now of there were any "restrictions" beyond city
ordinances and state law? (Actually... I did read them rather closely,
no restrictions)

But I also do my own taxes, Understand IBM owner's manuals and other
things that are not supposed to be possible for people at my level of
education.

--
Nothing adds Excitement like something that is none of your business.

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Old October 24th 11, 07:45 PM posted to rec.radio.amateur.moderated
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Default HOA and CC&R agreements.

On Mon, 24 Oct 2011 00:33:16 EDT, John Davis
wrote:

But unless the HOA or CC*R are made clear at time of purchase.. I mean
when I bought my house they gave me a pile of papers.. I'm not a
lwayer,, How do I ,now of there were any "restrictions" beyond city
ordinances and state law? (Actually... I did read them rather closely,
no restrictions)


It's called "due diligence" - determine what you are looking for and
see if it is (or is not) there or anywhere else.

With all due respect, if someone cannot do it for themself, they need
to have a professional such as your real estate agent or attorney do
it for them just as they have a professional do a title search.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

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