[Boatanchors] The Silence of the Bands

[Gary Peterson]

Prior to the passage of OTARD (look it up on a search engine or the FCC web site), HOAs could prevent a homeowner from putting up a small satellite dish for Dish Network or DirectTV or a Yagi for off air TV reception.

OTARD preempts unreasonable restrictions that would prevent a homeowner from accessing these services, including wireless Internet.  To the best of my knowledge, OTARD has never been overturned in court.  The amateur radio bill purports to accomplish a similar outcome for licensed radio amateurs.  Some HOA restrictions would prevent a licensed amateur from using a VHF/UHF handheld inside their home, while saying nothing about illegal drug use.  

I am not a lawyer and I don’t play one on television.  It causes me to wonder if covenants, deed restrictions or a homeowners association could legally, contractually restrict any of a resident’s Constitutional rights.  Could a HOA contractually abrogate a person’s right to not be subjected to unreasonable search and seizure or firearm ownership?

Gary, KzeroCX

“The problem with the ARRL's bill in
Congress is that when push comes to shove and the HOAs go to court to
challenge that statute, the law is on their side and courts will more than
likely uphold the covenants that have long been in place irregardless of
the statute.  Brad K4RT”