A big difference. Amateur radio is protected by Federal law. And an amateur license is Federal license that gives the holder the right to operate an amateur station. HOA rules outlawing amateur antennas is putting the HOA above Federal law. Local law is never to overrule Federal law.
the codes, covenants and restrictions (CCRs) put in place by an HOA (home owner's association) are not laws. when one buys a home in an HOA all of the CCRs must be disclosed to the buyer before closing. this is a contractual agreement between private parties. PRB-1 (Private Radio Bureau) essentially says that
local governments are
required to
reasonably accommodate Amateur Radio installations. PRB-1 has no effect on HOA CCRs. HOAs are
not units of local government.
A bill has been introduced in the US House that would require the FCC to apply the “reasonable accommodation” three-part test of the
PRB-1 federal pre-emption policy to private land-use restrictions.
HR.4969, the “Amateur Radio Parity Act of 2014” was introduced on June 25 at the request of the ARRL. If the measure passes the 113th Congress, it would require the FCC, within 120 days of the Bill’s passage, to amend the Part 97 Amateur Service rules to apply PRB-1 coverage to include homeowners’ association regulations and deed restrictions, often referred to as “covenants, conditions, and restrictions” (CC&Rs). Presently, PRB-1
only applies to
state and local zoning laws and ordinances. (source:
Amateur Radio Parity Act).
If this bill, referred to by some as PRB-2 although it has not been so designated by the FCC at this time, is not passed before the end of the 113th congress in January 2017 it must be re-introduced.
personally, I am opposed to this legislation as the federal government should not intervene in a contract freely entered into between private parties.