Amateur Radio vs. HOA

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TexasJohnBoy
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Location: North Texas

Re: Amateur Radio vs. HOA

Postby TexasJohnBoy » Tue Jul 04, 2017 4:01 pm

Keith B wrote:
TexasJohnBoy wrote:I'm thinking that deed restriction is bunk:
(e) Except as otherwise provided
herein, a station antenna structure
may be erected at heights and dimensions
sufficient to accommodate amateur
service communications. [State
and local regulation of a station antenna
structure must not preclude
amateur service communications.

Rather, it must reasonably accommodate
such communications and must
constitute the minimum practicable
regulation to accomplish the state or
local authority’s legitimate purpose.
[See PRB–1, 101 FCC 2d 952 (1985) for details.]


https://www.gpo.gov/fdsys/pkg/CFR-1996- ... c97-15.pdf

Also: http://www.arrl.org/restrictive-antenna-ordinances

Then again, I'm not the one picking the fight, nor am I a lawyer.


PRB-1 only affects governmental bodies and their regulation of amateur radio stations and towers/antennas. An HOA/CC&R agreement is a private contract signed and agreed to when you purchase the property, so not impacted by PRB-1 and is legally enforceable by the HOA.

As stated, try to put up a stealth antenna or antenna's in your attic. I had wire antennas from my chimney outside, as well as an antenna in PVC pipe that had an anemometer on top for my weather station. No one from the HOA ever noticed or said a word about them cause they were unobtrusive. If you hide it they should never know you are using it if it is don'e properly.


http://www.arrl.org/ccrs-covenants-cond ... strictions
You are correct; I read "local regulation" too broadly. This is yet another reason that I moved out of the city, and I didn't even know it at the time!
TSRA Member since 5/30/15; NRA Member since 10/31/14


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