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#1
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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 |
#2
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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. |
#3
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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. ----- No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.1831 / Virus Database: 2092/4569 - Release Date: 10/23/11 |
#4
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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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