I agree to Idea Amateur Antenna waivers for Home Owner Associations
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I disagree to Idea Amateur Antenna waivers for Home Owner Associations

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Amateur Antenna waivers for Home Owner Associations

Currently over half of Americans live in deeded areas prohibiting outdoor antennas, which are important for reliable communications. In particular, enabling Amateur Radio operators to have even modest outdoor antennas such as verticals, dipoles, etc. would make a significant difference in attracting youngsters to Amateur Radio, as well as enabling preparation before the fact.

Submitted by 2 years ago

Comments (17)

  1. Asking the government to step in to invalidate a legal contract that a home owner freely chose to make is simply inappropriate. If you want to own a dog, you don't rent an apartment with a No Pets rule in the lease. If you want an antenna, don't buy a house in a subdivision with a No Antennas covenant in the deed.

    2 years ago
  2. rlf Idea Submitter

    The argument regarding government and contracts is not valid - for starters the satellite TV industry was successful with convincing the FCC to override antenna prohibitions for over the air reception antennas. http://www.fcc.gov/guides/over-air-reception-devices-rule

    2 years ago
    1. Yes, it is true that the direct satellite TV industry managed to spend enough lobby money to buy an exemption for the small dish antennas. Note however that this was accomplished by tossing many millions of dollars around congress, and even with that much money behind it, the exemption only came well after satellite dishes had shrunk to under 2 feet in size. Also note that satellite TV antennas are receive only, and thus cannot create RF interference to neighbors.

      The simple fact is that there is no serious degradation of ham radio emergency communications capabilities from CC&R antenna restrictions for several reasons. 1 The vast majority of hams fighting CC&Rs are not involved in EmComm and have no intention of being involved in EmComm; 2 There is only very limited utility to individual residential ham radio stations in most emergency situations; 3 Any comptent ham can erect a fully adequate EmComm antenna in the event of an actual emergency and I really doubt the local HOA is going to make them take down the dipole while the emergency is going on.

      2 years ago
  3. rlf Idea Submitter

    Take a closer look at the language of your CC&R's - most are so caustically worded as to prohibit cell phones, garage door openers and remote even thermometers. Ours says all antennas have to be in enclosed in grounded conduit.

    2 years ago
  4. It must be agreed that the buyer should be held to a legally binding contrant. The problem here appears to be

    the creation of a contract to circumvent public safety

    services rendention to a community. The C.C.&R. is just

    as ridiculious as if applied to the sale of a high-seas ship. Obviously such a contract between a seller and buyer would be held void since it is in opposition to

    federal law and international treaty regarding mandatory installation of radio equipment on high-seas marine vehicles. The problem here is the C.C.&R. is in contradiction to the public safety and general welfare clause of the U.S. Constitution and the F.C.C. license was issued under grant for the public safety, need and convience. Accordingly, it very unfortunate that before traffic control signals and railroad gates get

    estabilished that individuals, corporations, and public entities need to be subject to legal actions due to public injuries. Currently FCC Decision PRB-1 is the limiting protection. Today HAMS should not buy any residential real-estate with C.C.&R.s attached to the deeds. In the future the Courts will resolve this situation. However, by that time most of us will probably be 'SILENT-KEYS..

    2 years ago
  5. Why can't we find an antenna that 1) we can't see or 2) looks good? I seem to remember a long wire running along the peak of my roof that nobody could see but worked just fine. That was over 40 years ago, I'm sure we've got something small / compact/ technologically advanced that will work.

    2 years ago
  6. I also agree that the issue is one between the home owner and the association. I would like to see language that would have associations work with Amateur Radio Operators on an individual basis to find a solution that works for all parties involved.

    2 years ago
  7. The problem here appears to be the creation of a contract to circumvent public safety services rendention to a community. The problem here is the C.C.&R. is in contradiction to the public safety and general welfare clause of the U.S. Constitution and the F.C.C. license was issued under grant for the public safety, need and convience.Language that would have associations work with Amateur Radio Operators on an individual basis to find a solution that works for all parties involved would be like the FCC PRB-1 and would just be a 'SPIN'. Title/Deed succession does not necessarly hold as can be realized if a public entity assumes title and puts up a 200 foot tower. With this bill pending in Congress we'll find out real soon how serious the public safety and private sector is about the rendention of public safety interoperable communications and redundancy. There is a tendency because we have done so much to build infrastructure

    and resiliency in all our other systems,we have tended to dismiss that role 'When Everything Else Fails.'

    Amateur Radio oftentimes is our last line of defense.

    A a strong Amateur Radio community [needs to be]plugged into these plans. The Amateur Radio Emergency Communications Enhancement Act In, February 2012, Congress passed and the President signed into law, H.R. 3630. Included in that leislation was Section 6414, which included a directive for that study to be undertaken (a Congressional-directed study to investigate how private land-use covenants, conditions and restrictions (CC&Rs) iimpact the abilty of radio amateurs to participate and assist in emergency management and disaster-support communities). We'll see if Congress wants to exercise its authority and abrogate CC&Rs to support the Post-Katrina Emergency Management Reform Act of 2006.

    2 years ago
  8. The FCC needs to enforce PRB-1 (Local governments are required to reasonably accommodate Amateur Radio installations) and make it apply to ALL licenced hams, CCRs or not. Seems to me that FEDERAL trumps local and EMERGENCY trumps pretty.

    2 years ago
  9. AGREED: The FCC needs to enforce PRB-1 (Local governments are required to reasonably accommodate Amateur Radio installations) and make it apply to ALL licensed hams,

    2 years ago
  10. It is absolutely impossible to buy a home in a nice subdivision built in the last 10 years without being subject to CC&R. Comments that a buyer has a real choice reflect no understanding of the reality of the current situation. As a result, buyers of new homes are forced into CC&R convenants with no real options. To argue home buyers have an option, is simply not true. As a result, unless the FCC, or Congress, does something to correct this situation there will be no Amateur Radio operators left in the U.S. There is no way people are going to study hard to get an FCC Amateur Radio license, and then have to sell their home and move to a farm to put up an antenna. Unless there are changes, there will be no Amateur Radio operators around to provide emergency communications support in a national emergency. They simply won't be there, if they can't put up an antenna. I sure hope the people aguing against addressing this problem have some suggestions on where emergency communications support is going to come from in an national emergency. The ham operations today won't be there in the future, unless something is changed to allow hams to put up antennas.

    During Hurricane Katrina, cell phones didn't work, telephones didn't work. Government communication support was very limited. Ham radio was the only way hospitals and other emergency centers could communicate with the outside world. We are on the verge of a major national tragedy in losing our Amateur Radio operators, and the people that don't want to look at an antenna are doing the nation a major disservice.

    2 years ago
  11. We'll see if Congress wants to exercise its authority and abrogate CC&Rs to support the Post-Katrina Emergency Management Reform Act of 2006.

    2 years ago
  12. All new developments today are built with deed restrictions. Deed restrictions are no longer a choice. People are not going to study for an Amateur Radio license if they have to sell their home and move to put up an antenna. Unless Congress overrides deed restrictions to allow Amateur Radio operators to be able to up antennas, Amateur Radio will cease to exist, and Amateur Radio support for Emergency Communication will go with it.

    2 years ago
  13. All new developments built today do not have CC&Rs. Yes, many do but all don't. Deed restrictions do present a choice to the first buyers. They can tell the developers agent to take-it-off or they won't buy. The issue is not buy now study later. The issue is about HAMS that are already effected with CC&Rs and emergency interoperable communications rendention within the areas that are blanketed with HOA-CC&Rs. “Government can and will continue to serve disaster survivors. However, we fully recognize that a government-centric approach to disaster management will not be enough to meet the challenges posed by a catastrophic incident. The issue here is CERT-TEAMS and RACES untits during average times are being prohibitied from 'PREPARDNESS' activities within those CC&R balanketed areas and will not be good-to-go within those areas during a catastrophic incident.

    2 years ago
  14. At this time, my local HOA has forced me to remove my Carolina Windom 80. This wire antenna has been up for almost 5 years without any problems. This is a wire antenna made of 14 guage wire where you would have to stand in my drive way to see it. I have put my home for sale, and will move as soon as possible. In the meantime, I have taken a leave of absence from the Maritime Mobile Service Network. In the last 6 months, the Maritime Mobile Service Network has lost 3 really good MMSN Network Controllers due to HOA restrictions. FEMA and the FCC have effectively turned over control of Amateur Radio operations to local neighborhood HOAs. Today a major hurricane is hitting the East Coast and a large number of really good hams are not able to be on the air and help, because of local Homeowner Restrictions. Next time there is an emergency FEMA can ask the HOAs for their help.

    The FCC comment to Congress last summer on CC&R restrictions was so completely incorrect, it makes you wonder if the FCC had written the comment before performing the study requested by Congress. You can't buy a home in a neighborhood today without deed restrictions. The FCC comment completely ignores reality. If FEMA goes along with the FCC position, they will find fewer and fewer Amateur Radio operators able to provide any help during a national emergency.

    Turning over control of Amateur Radio operations to local neighborhood HOAs is dangerous and counter productive. The Maritime Mobile Service Net has taken a major hit this year due to HOA Restrictions. FEMA needs to speak up.

    1 year ago
  15. AGREEMENT: Turning over control of Amateur Radio operations to local neighborhood HOAs is dangerous and counter productive.

    SUGGESTION: If these good folks in the HOA estabilished a flag-pole outside, then load-up the flag-pole from a transmatch. Think creative and what can be done rather than what is being prohibitive.

    1 year ago
  16. Texas passed a law allowing a 20 ft flagpole.

    Loading up a 20 foot flagpole may work in some areas.

    My HOA requires metal roofs. Any antenna under the metal roof will not be able to receive, plus any antenna near the metal roof will see RF reflected from the metal roof.

    The great state of Texas does not require CC&R to reasonable, or to even consider the laws of physics.

    Anything written into a CC&R in Texas, no matter how stupid is enforced by the courts in the state of Texas.

    I've experimented with a number of different antenna on my property. No antenna near or under the metal roof will receive very well.

    Radio signals don't go thru metal very well ... except under Texas CC&R rules.

    Again, FEMA and the FCC have turned over control of Amateur Radio transmissions to local HOA Boards.

    It is almost impossible to buy a house in a new subdivision without HOA or CC&R restrictions.

    Cable TV companies are not going to invest the cost of burying cable, along with the cable, to a development that is free to receive TV signals over the air. That is where the antenna restrictions in CC&R originate. It has nothing to do with Amateur Radio, until HOA Boards with a need for complete control get involved.

    Thanks,

    Jim

    1 year ago

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