[KC5FM] Home owners associations and antennas

[KC5FM via rec.radio.amateur.moderated Admin]

de KC5FM k

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Home owners associations and antennas

Posted: 20 Jan 2021 08:12 AM PST
http://kc5fm.blogspot.com/2021/01/home-owners-associations-and-antennas.html

During the last year, residents of home owners associations asked for
solutions to the association’s anti-ham stance. To restate, don’t sign an
HOA. There must be a better place to live. However, one couple found a
solution for a different matter. The couple wanted a cross in their yard
for Christmas. HOA said no. Court said yes. Apply this to ham radio. Can
the HOA reduce your First Amendment right to free speech? Take them to
court and find out. Maybe there’s a ham radio attorney willing to take your
case or a class action against every HOA, ever. The worse the court can say
is No

[Paul W. Schleck]

Post by KC5FM via rec.radio.amateur.moderated Admin
de KC5FM k
///////////////////////////////////////////
Home owners associations and antennas
Posted: 20 Jan 2021 08:12 AM PST
http://kc5fm.blogspot.com/2021/01/home-owners-associations-and-antennas.html
During the last year, residents of home owners associations asked for
solutions to the association’s anti-ham stance. To restate, don’t sign an
HOA. There must be a better place to live. However, one couple found a
solution for a different matter. The couple wanted a cross in their yard
for Christmas. HOA said no. Court said yes. Apply this to ham radio. Can
the HOA reduce your First Amendment right to free speech? Take them to
court and find out. Maybe there’s a ham radio attorney willing to take your
case or a class action against every HOA, ever. The worse the court can say
is No

Neither of us are lawyers, but I do realize that following this
well-meaning but misguided advice could cause more harm to you and your
cause than not suing. Those wishing to go sue-happy with potentially
specious legal arguments should at least first carefully consider the
legal advice of lawyers with expertise in zoning and FCC PRB-1, and the
associated case law on those topics. They will know what is achievable
and what is not. They may choose to tell you this by declining to take
the case at all, as their reputation is on the line, also.

Courts are not about strength in numbers, or making "human wave" attacks
on the courthouse. One hundred ill-advised cases based on weak legal
arguments are not automatically one hundred times better than one case
making persuasive legal arguments to sympathetic judges based on case
law. They might not even be better than not suing at all. In some
jurisdictions, if you lose a civil case, you are not only responsible
for your own legal bills, but also those of the defendant. The worst
the court can say in this case is not only no, but case law is
strengthened by the court's decision, and now pay the defendant's
lawyer. The courts may also dismiss your case with prejudice (even fine
you) for wasting their time by bringing a case without legal merit.
Going to court is expensive, time-consuming, risky, and should be
considered the forum of last resort. The proper forum to address these
issues is the legislature (whether they act or not). The courts may
even do you the courtesy of reminding you of this fact.

Also, HOA's don't have to be signed to be effective. Often they are
attached to the deed and have legal force just from the act of owning a
home. The monopoly on HOA's over most developed suburban neighborhoods,
such that practically the only way to avoid them is to live on rural
acreages in unincorporated areas, is also a well-trodden topic here on
the newsgroups.

73, Paul, K3FU

- --
Paul W. Schleck
***@panix.com

[Jim H]

On Thu, 21 Jan 2021 16:16:25 EST, in

Post by KC5FM via rec.radio.amateur.moderated Admin
de KC5FM k
///////////////////////////////////////////
Home owners associations and antennas
Posted: 20 Jan 2021 08:12 AM PST
http://kc5fm.blogspot.com/2021/01/home-owners-associations-and-antennas.html
During the last year, residents of home owners associations asked for
solutions to the association’s anti-ham stance. To restate, don’t sign an
HOA. There must be a better place to live. However, one couple found a
solution for a different matter. The couple wanted a cross in their yard
for Christmas. HOA said no. Court said yes. Apply this to ham radio. Can
the HOA reduce your First Amendment right to free speech? Take them to
court and find out. Maybe there’s a ham radio attorney willing to take your
case or a class action against every HOA, ever. The worse the court can say
is No

This approach will be a disaster if you lose... and you likely will on
the lowest level.

My approach was to erect a ground mounted vertical antenna with the OK
of my two immediate neighbors. It can't be seen from the street so the
HOA busybodies can't see it. After 90 or 120 days (I forget after 20+
years) it was grand fathered in per the HOA bylaws.

I suggest a very careful reading of the bylaws. One might find that
there are things in there that a ham can use to advantage... and if
other HOAs are like mine there's plenty in there they aren't following
that will cause them a lot of trouble if challenged.

Most important is to know what procedures must be followed when making
a complaint to a homeowner. Here it's via registered letter citing a
specific covenant/bylaws violation. If they don't follow the
procedure, then act as cooperative as possible without taking down the
antenna... hoping to sneak past the grand fathering period - assuming
there is one - before they can lodge a complaint per the procedure in
the bylaws.

Worked for me. Worked for my neighbor's fence, based on my suggested
approach to the neighbor.