Another opinion---QRT for a while


 

There's another view to this whole situation:
First of all, I agree with Steve, and it's been held up as valid in more than 1 court of law.
Here's another view, "from the other side of the fence:"...

Let's say I'm a property owner. I rent that property to you, or sell it to you.
There's an HOA, and you have signed documents joining that HOA, and have agreed to abide by the rules, by-laws, CC&R or whatever they choose to call it.

Regardless of the Federal Communications Commission, and whatever rules and statutes, they choose to write, you signed a legal contract with me to
follow the rules of the HOA, CC&R's and whatever I've written into the contract. Your antenna is a breach of that contract. 

What I'm pointing out is the years and years and cost of challenging the CC&R's. The FCC is going to suggest that you and the owner of the CC&R document work it out, and report back in 180 days. It goes on and on until they are tired of fighting it, or you are.

The ARRL has a legal department with attorney's on the staff. They're supposed to assist you with your "situation".

Good luck and if there's anything that any of us can do to help, you know that we will.

Milt.
N6MG
070-650
LONP #76


-----Original Message-----
From: Stephen Melachrinos <melachri@...>
To: 070Club <070Club@groups.io>
Sent: Sat, Jul 7, 2018 6:30 pm
Subject: Re: [070Club] QRT for a while

Paula -

Well that is patently in violation of FCC rules. The OTARD rule (Over The Air Reception Devices) adopted in 1996 "prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming.  The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas.  The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal." (emphasis added)


Steve
W3HF


-----Original Message-----
From: Paula K7PAX #1739 <hamette@...>
To: 070Club <070Club@groups.io>
Sent: Sun, Jul 8, 2018 1:11 am
Subject: Re: [070Club] QRT for a while

The CC&R for my new home states: “No exterior TV or any other antennas, except a satellite dish less than 24 inches in diameter, are allowed.”
 
Paula K7PAX #1739
 
-----Original Message-----
From: Ray Clements <r.clements@...>
To: 070Club <070Club@groups.io>; Jerry N9AVY <n9avy@...>
Sent: Sat, Jul 7, 2018 10:10 pm
Subject: Re: [070Club] QRT for a while
I don't know about Paula's specific situation, but normally rather than banning ham radio antennas, the HOA will allow receiving antennas. That would include FM radio receiving antennas, satellite tv dishes. and TV antennas. However, they may regulate the diameter of a dish, or the height of the TV  or FM antenna above the roof line, or the type of mounting. My HOA prohibits chimney mounts. The HOA will then ban any and all transmitting antennas. That includes ham radio antennas, CB antennas, GMRS antennas, VHF public service antennas, etc. Thus, by banning all transmitting antennas, they are not discriminating against hams.
 
Ray N9RWC
 
 

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