HOA antenna restrictions

[TinPan]

I will be moving to Florida soon (retired). I am looking to buy a house in the Melbourne area, here's my problem. Im seeing just about every house is in a "community" and they have HOA's (Home owner associations). So far I have not contacted any of these HOA's but it's been my experience with hoa's in the past that they frown on any kind of antenna on a house or property.

Someone told me that if it is not mentioned in the hoa agreement when you sign up that it's ok to put it up. And even if it's not in the "restrictions" what's to stop them from "voting" and adding the restriction.Now I don't have a lot of equipment but Im Leary of how they may react if I should put up my beam. Not to mention the neighbors. (talk'n about the kind who would run right to the hoa, "hey he cant put that up")

Im retired the last thing I need is to have to fight to put up my antenna. I could move into a home that doesn't have a hoa, but these homes are usually in bad neighborhoods.

Anyone have experience with this?
Don

 

[N4KVE]

Before you buy, ask what their rules are, instead of buying, putting up an antenna, & then getting the "nasty" letters. If you are using a real estate broker, tell them you want a place where antennas are permitted. Let them do the legwork, & make them earn their commission.

 

[AK9R]

Without exception, ask for a copy of the covenants and restrictions that will be attached to your deed well before the closing. If your agent or the selling agent balk at your request, you may have to keep looking. You will be asked to sign a document agreeing to those covenants at closing. If you see anything in the covenants that would preclude outside amateur radio antennas, ask about it before you sign.

The ARRL is working to get Congress to pass a federal pre-emption of private land contracts that restrict amateur radio antennas. Whether or not such a pre-emption will be signed into law is anybody's guess at this point. You can read more about the ARRL's efforts here:

Amateur Radio Parity Act

Even if you end up moving into a neighborhood with covenants and restrictions, there are ways around them. Attic antennas, stealthy outside antennas, flagpole antennas, are all options that resourceful hams have used to get around the restrictions.

 

[rapidcharger]

You should be very concerned. We have discussed this at great length here on the forums but to address your specific concerns,

Yes, the rules and restrictions can be amended. It usually takes a majority vote of the membership and they have to pay a lawyer to file it with the courthouse. It sounds like it's easy, but it probably won't happen unless you really tick someone off.

In addition to that, if they want to give you a hard time about it, they could use some general blanket violation to try to get you to take it down such as it does not adhere to community standards. Get a copy of those too by the way. They can't force you to take it down but they can threaten to sue you and probably actually sue you if you refuse even though it's not technically a rule. That doesn't stop incompetent nincompoops from abusing their power and forcing you to hire a lawyer.

And the last thing I would suggest, because I'm familiar with that area, is to look a little south of melbourne & palm bay around malabar and valkaria. I did look at that area once upon a time. Large county lots, unicorportated, no HOAs. It was more my speed. Melbourne's a friendly place but HOAs bring out the worst in people. Take it from me, I was the president of one for 6 years. I was once sued for receiving too many UPS packages. Not a rule. Still cost thousands to fight.

 

[Blindguy]

OK, it is good that you are taking this into consideration *before* you buy. Unfortunately even if antennas are not specifically prohibited there is usually some little buried verbage in the contract that says something like "or any other eye sore". I agree that you should make your agent investigate this. I am not sure if this exists in FL but around here you can sign a xontract with your real estate agent which makes them what is known as a "buyers agent" which in addition to allowing them to disclose some info that they normally wouldn't forces them to act in your best behalf. Make the "antenna friendly" language in your contract with your agent and it may save you some headaches down the road.
Keep us updated.
Frank

 

[rapidcharger]

One time I had a prospective home buyer insist on getting ACC approval for a shed (I think it was) before they would sign the contract. He was pretty persistent about getting written approval before he even owned the place. I'm not sure how I managed to swing that but got it to him. Just one of the many things I did to improve life around here.

You could try something like that but a better strategy would be to move somewhere without a HOA. The housing markets in florida can be very strong sellers markets and that's the kind of thing they might just tell you to have a nice day.

 

[SteveKJR]

Hey Don,

I live in a development with a HOA and I found that a marine antenna for SSB marine radio works great with a radio tuner. All it is is a stick antenna around 18' tall. If you go to QRZ website I posted a picture of it. From the front of the house you have to look really hard to see it sticking up,against the sky.

My call sign is KJ4CAR - do a search on the website and you will see the pics. Works great on 7mhz and 14 MHz with an antenna tuner.