[Boatanchors] The Silence of the Bands

Thu Sep 21 11:42:01 EDT 2017

There are a number of the CC&R that state no radio transmitting.  However, when an amateur radio operator has been challenged for violating this, when it is "pointed out" that cellular telephones, baby monitors, cordless telephones, garage door openers, some thermometers, etc., are all radio transmitters, then virtually every household in the HOA is violating the CC&R.  When the amateur radio operator has said that he / she would cease transmitting when all other transmitters are silenced, for some "strange" reason, those regulations suddenly are repealed!

With the exception of 2-each 2-square block areas in my neighborhood of over 2800 houses, there are no CC&R to be enforced.  In one of those areas, the above situation did occur when one of the residents got his amateur radio license.  There were no restrictions on antennas although such were discouraged after cable television was available.  He put up several antennas and started transmitting.  The HOA (of the 2-block enclave) had their attorney send him a cease order and the amateur radio operator had his attorney send a letter stating that he would stop transmitting when all of the other transmitters were disabled.  The operator's letter gave a list of various transmitters in use in the enclave.  The HOA called an immediate membership meeting and the "no transmitters" was removed from the CC&R.

Having a HOA does not always mean restrictions on amateur radio.  In this city, Richardson, Texas (north suburb of Dallas), there are quite a few HOA that have no CC&R to enforce.  Of course, there are also those that do have such.  In my neighborhood of around 2800-homes, there are no CC&R.  However, there is a very active HOA of which annual dues are $15.00.  When I moved here the area was "the" neighborhood in the Dallas area.  All sorts of high profile persons lived (many still live) in the area.  While he was the quarter-back of the Dallas Cowboys, Rodger Staubach lived down the hill and around the corner from me.  A prominent Dallas television news personality lived across the street from me and a number of politicians lived in the area.  Frankly, the area is still highly prized and when a house goes on the market, it often sells in a day, or 2, and more likely than not at a higher than asking price because several people get into a "bidding war" to get the property.  There is a major country club 2-blocks from my house and the University of Texas at Dallas (really in Richardson and mostly in Collin County) is less than a mile away.

The HOA sponsors things like a Christmas Parade and a 4th of July Parade; has a neighborhood patrol that works with the police department to keep down crime; purchases all sorts of landscaping products at wholesale prices and sells to the membership at no "mark up"; has a program where U.S. flags are displayed at houses for major holidays for an additional yearly fee; paints the house numbers, on the street curbs, every 4-years, these numbers are required by the city, at no cost to anyone in the neighborhood; and a lot of other things.

There are a fair number of amateur radio operators who live in my neighborhood and a number have towers with pretty good arrays.  I live 1/2-block from the highest point in the city and my present antennas are:

http://nebula.wsimg.com/58d5f90d22efd3888e17fbc18f4122e7?AccessKeyId=D1250C433DB440D6B60D&disposition=0&alloworigin=1

I have been told, by a number of my immediate neighbors, that if I ever move I have to leave my main tower behind!  It seems that the tower is the landmark by which they tell their friends how to find their house!  I have had only 1-complaint about my antennas and that was from a person who moved in long after they were in place.  He knew the antennas were there but he just doesn't like them!  For the rest of the neighbors, they really do not even notice the antennas.

Glen, K9STH 
Website: http://k9sth.net

      From: "w5jo at brightok.net" <w5jo at brightok.net>
 To: Boat Anchors List <Boatanchors at mailman.qth.net> 
 Sent: Wednesday, September 20, 2017 9:51 PM
 Subject: Re: [Boatanchors] The Silence of the Bands

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.

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