[Boatanchors] The Silence of the Bands

[w5jo at brightok.net]

There are ways to beat antenna rules, but it is very unlikely.  I live in an 
area with CC&R but they do not include towers, fortunate for me.  But we 
have people who have been violating the rules and I have been working with 
attorneys about the violators for the past 4 or 5 years.

The covenants must be clearly written, if not they can be voided.  Check 
them carefully, some expire depending on how the are written.  This is a 
very complicated subject that only a lawyer can advise on and, even they 
might be wrong.  Another thing to consider is if all covenants are being 
enforced, all must be or they can be successfully challenged.  The HOA, if 
you have one, can't pick and choose which are enforced and which are not. 
Who can enforce the rules and what is the mechanism to do so?  What is the 
case law where you live?  In some places it is easier to challenge than 
others.

I am not holding my breath for congress to do much of anything about this 
issue.  The housing bunch have a very powerful lobby and members of congress 
are very scared of a Junior Leaguer with a megaphone.  They fold like a band 
hand in cards.

But  do check them, if they do not have an auto renewal, it is in your 
favor, along with other successful challenges.

Jim
W5JO

-----Original Message----- 


If Congress passes the bill, the HOA's will not have a legal basis to 
challenge it in court.  They can, but they will likely lose.

It will be similar to PRB 1, which mandates that state and local governments 
make "reasonable accommodations" for

an amateur antenna or tower.   That one has been cited in court in many 
cases where amateurs have challenged

zoning restrictions and height restrictions.  The state and local 
governments have lost every time.

In one case I read, the city claimed they made a reasonable accommodation by 
allowing the tower height of 20 feet.

The ham's attorney showed the court that for optimum conditions, on 20 
meters you need a minimum of 30 feet to get the best signal propagation. 
The city lost.  The courts have ruled that the FCC's rules, being a federal 
agency, supercede or take precedence over state and local zoning and 
regulations when it comes to antennas.  The HOAs will be in the same 
category.

I just doubt that Congress is going to pass the bill anyway, despite all the 
mouth service to the great service that

hams provide in emergencies.