[Boatanchors] The Silence of the Bands
Bill Henderson
bill.henderson at ocdsb.ca
Fri Sep 22 09:51:09 EDT 2017
Had something similar a number of years ago where the statement was "no RF
devices".
I reminded them of their own staff, the tradesmen hired, cell phones, etc.
The claim was that it was unspecific because they "didn't know what could
be coming (invented) in future".
Crock of **** !!
It never was enforced.
- Bill H. / va3hwa
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On Wed, Sep 20, 2017 at 9:12 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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