On Mon, 17 Oct 2011 00:12:54 EDT, Art Clemons
wrote:

The really sad part is that the FCC could decrease restrictions on Antennas
and supporting structures rather easily as it did with satellite dishes and
less than one meter TV antennas, but I suggest that builders and realty
sellers oppose any such change.

The FCC adopted the OTARD rule for TV antennas and satellite dishes
only because The Congress mandated such. We have been trying to get a
similar mandate for many years and it's falling on Congressional deaf
ears.. The FCC was very clear a few years ago that absent such a
Congressional mandate, it will not make such a rule on its own.

As for "hidden" restrictions, many states, including California,
require that the seller (through agent, if that is how the
transaction is made), provide the buyer with a true copy of both the
list of CC&Rs and any HOA rules that affect the property and the buyer
has the option to review and decline to proceed with the purchase,
just as with a title search and home defect inspection.

When we bought this house in Oregon, we had our agent's office request
that info from the county recorder through a title search company
before we even got serious, and we declined several houses which were
nicer and newer because there were such restrictions, including one
brand new townhouse that screamed "CC&Rs" even though they couldn't
find any on file. It's called "exercising due diligence".
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

On 10/17/11 3:05 PM, Phil Kane wrote:
The FCC adopted the OTARD rule for TV antennas and satellite dishes
only because The Congress mandated such. We have been trying to get a
similar mandate for many years and it's falling on Congressional deaf
ears. ...

They were heavily lobbied by the satellite interest groups who have deep
pockets...Murdoch and his ilk. Hams can't offer them anything comparable
so we're just SOL...