[Alexandria Radio Club Reflector] Success with HOAs
Philip Brown
phil at pjb3.com
Sat Nov 28 10:19:48 EST 2020
I’m on the Board of Directors in a low rise condo association, so I can share my perspective.
The advice on checking your governing documents is correct.
I would also suggest talking to a member of the architectural review board, if you have one, and also one of the members of the Board of directors.
It’s possible that your governing documents will have rules, and then either a process to request exceptions to the rules, or language that allows the board to approve exceptions — usually in writing.
The idea of looking through past minutes… in my opinion, is less helpful. You’re dealing with people, and while the decisions cannot be arbitrary or capricious, if you are requesting something that is not permitted by the rules, by definition you are requesting an exception to the rule, and every exception request should be considered different, unique and should be judged on its own merits. So your goal is to understand the thinking and concerns that they may have, and show them why your request is unique, and why — despite the rules — they should say yes in your case.
The idea of saying… I know we prohibit antennas, but may I have one please, because I’d really like one… tends not to be very persuasive. Being on the Board, I think to myself… geeee…. we have these rules, and now someone is saying I’d like it not to apply to me. Without some reasoning or justification, why would say yes to this person and no to others?
Next, if I say yes to anyone who asks and says please, then why do we have the rule. Why don’t we just get rid of the rule — so that’s the type of thinking that you are likely to face… and from a governance perspective I think it actually has merit.
With that in mind, I would try to emphasis the public service aspect of ham radio, and the idea that your skills and equipment could end up being important and useful to the community in times of disaster, such as during recovery after a violent hurricane… where standard means of communications such as cell phones and the internet might fail.
So I would acknowledge that it is a hobby, but state that you believe that your request should be judged differently form other antenna requests for a litany of reasons… first and foremost the potential benefit to the community if/when it could be most vulnerable. Then I would acknowledge that for broadcast radio and broadcast TV, that there are many options (cable TV, FIOS, internet streaming services, powered antennas inside the house our behind the house that aren’t visible from the street, but that for an effective long-distance contact on a HAM radio, that having an antenna up high really is the best option.
You can emphasize the transient nature, meaning it can be raised and lowered (and that it *will* be lowered), and based on those distinguishing factors ask if they would be willing to support such a request. Also, ask them would help to get the committee and/or board to be on Board with your request, and what concerns might they have, and listen to their concerns, and tell them that you will think about them, look into them, and ask if you can come back to them to share information that you find and get their opinion.
Of course, I’m assuming that your Home Owner’s association prohibits arial antennas (I think it’s a safe bet that it does… but check your documents)… but often there is specific, or general language that allows the Board to make case-by-case exceptions to the rules, for good cause or at their discretion.
So that would be my advice. To try to explain the very low impact including to aesthetics, the possible benefits to the community at large after an emergency or disaster, and how and why occasional raising and use of this HAM radio antenna is different from other antenna, and should be considered separately on it’s own merits. That it should be thought of as a safety benefit to the community, and thus not set a precedent that *all* antennas are allowed, only that *this* antenna is allowed, and for good and unique reasons.
Here’s another one to try, if you sense reluctance, ask if they would consider approving it for one or two years, after which they can review the experience and then decide about the future. The idea, if they are reluctant, is to be reassuring that you don’t believe it will be an eyesore or cause problems, so if they are reluctant, why don’t they let you give it a try, then after a year, you can come back, everyone can discuss what worked or what didn’t work, any problems there may have been, and if there are issues, you can work with them to address them and mitigate the issue.
That would be my advice.
I’ve seen people come in and ask for things and get turned down, and I’ve worked to help coach people on how to get some things approved.
The thing that I ask myself is, if we have a rule that says certain things aren’t allowed, why would we suddenly say… OK, we’ll allow it *this* time? I also ask, what is unique about this situation… meaning, if 10 more people were to come and request the same, would I be willing to say yes 10 more times? If the answer is no, then *why* would I say yes now. What is different.
My (admittedly long-winded) response here is to help you ask questions, gain support, and work with someone one the board and/or committee to gain their support as a champion, and to help you navigate their procedures and norms to help you show them why this request won’t be a problem, how it is different from other requests that they may get, and why *this* request is a case where they can… and probably should… say yes, *even if they still would say no to many other requests*.
I took a lot of assumptions — the first being that arial antenna’s aren’t allowed under your governing documents or your rules…. that’s because, it is my opinion, that part of the creation of an HOA is to provide for a certain amount of standardization in the community especially regarding aesthetics… so, outdoor clothes lines tend to be prohibited, as do large radial antennas… the “common thinking” being that they are ugly, monstrosities… think of the image an old, rusted, leaning yagi-style TV antenna…. and so the thought is “yuck” who wants to look at that? Why do you need it anyway. Add to that, the memories of illegal CB modifications back in the day when it would bleed over and interfere with your TV, and that leads part of the general public to think, NO… we don’t want that.
I know that you’re not proposing *any* of that, so I am hoping to help you make a case where they will say yes to an antenna.
Let us know what you find out — I’d be interested to hear — but my gut tells me that is perceived as “big, ugly, unnecessary arial antennas”, is on the things that HOAs tend to prohibit unless, and until they are enlightened on how you can put up an unobtrusive antenna, and the benefits that it can bring to the community… thus your antenna really should be allowed.
73
-Phil
W3PJB
> On Nov 28, 2020, at 8:25 AM, Bob Brickner <BBrickner at gbbinc.com> wrote:
>
>
> Mark.... most HOA’s have an ARB that publishes the architectural Review board guidelines that describes what you can and cannot do in your HOA. Mine , located near Burke Lake, does not allow such antenna And it is clearly noted In documents. The size of the lots and the age of the HOA could impact the attitude on this issue and the restrictions regarding being a good neighbor in community. We all have different definitions on that of course. If ARB exists, I would check their historical minutes Or call the chairperson to check history. Sometimes exemptions are granted...you can appeal to the HOA Board as well if the ARB is a dead end! Good Luck Bob KM4TZZ
> Sent from my iPhone
>
>> On Nov 28, 2020, at 6:54 AM, Robert Lepelletier <rlepelleti at msn.com> wrote:
>>
>> Dear Mark:
>>
>> There are two ways to probe your HOA (Now known as POA, i.e. Property Owners Association). The first is the read the meetings in your resale package to see how the board has reacted to past requests.
>>
>> The second is to search for other hams in your ZIP code and ascertain whether or not they also resident in your HOA/POA. if they have made any requests, then asked them of the outcome.
>>
>> 73 - Bob Lepelletier - KI3O (Life ARRL) (703) 474-5914
>>
>> P.S. Also I am a real estate broker licensed in both VA & MD
>>
>>
>> ________________________________
>> From: alexandriaradioclub-bounces at mailman.qth.net <alexandriaradioclub-bounces at mailman.qth.net> on behalf of Mark Wheeler <mark.wheeler3575 at gmail.com>
>> Sent: Friday, November 27, 2020 9:46 AM
>> To: AlexandriaRadioClub at mailman.qth.net <AlexandriaRadioClub at mailman.qth.net>
>> Subject: [Alexandria Radio Club Reflector] Success with HOAs
>>
>> I’m preparing to submit a request to my HOA in Fairfax County (not within
>> City of Fairfax) to erect a 43’ vertical in my backyard that can be raised
>> when in use and lowered alongside the house and mostly hidden when not in
>> use. I know all communities and HOAs are different, but I was just
>> wondering if anyone would be willing to share their experience.
>>
>> Trying to see if there is a general feeling for acceptance or lack of
>> acceptance (or other potential land mines) for hams with back yard vertical
>> antennas in Fairfax County.
>>
>> 73,
>> Mark WU6R
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