[Boatanchors] The Silence of the Bands

[Brian Harris]

It is highly likely nobody will beat a CCR. It's been tried many times only to fail.  An HOA, maybe. That said, why any amateur radio operator would voluntarily choose to move into a home with deed restrictions or an HOA or both is ludicrous.  For good reason I live on a CCR-free 26 acre mountain top where I am the HOA, okay, okay, my wife is.  

Wa5uek
Sent from my iPhone

> On Sep 20, 2017, at 8:12 PM, Gary Peterson <kzerocx at rap.midco.net> wrote:
> 
> 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”
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