- Jan 27, 2008
- Scottsbluff, NE 69361
The best way to tell HOA's to pound sand is to refuse to live in those areas. Same with CC&R's....Give some ammo to the folks that live in HOA or CC&R areas to tell the respective boards to go pound sand
You have hit the proverbial nail on the head.It smacks of the sort of government meddling into private affairs that we spend so much time bashing on these forums. So the meddling is ok if they mess with something we don't personally care for?
Agreed. If you want an antenna farm, buy somewhere with out CC&R or HOA.HOA's are the most un-American thing a person can willfully buy into. Sure, they usually create nice communities that look nice, and if that's important to you then by all means live in one. I for one, will never buy property that a board can tell me what color my house will be, how tall my grass must be, how many vehicles I can have in my driveway, where to put my satellite dish, and that I cannot put up antennas if I choose to do so. It's my property that I've paid for, and if I want to paint my house pink with yellow stripes, let my grass grow to 8 inches, have an old pickup truck in the driveway that doesn't run, and a few HF antennas up in the air, it's my property and I'm going to do it.
I've been a ham for just about 20 years. I've lived in rental homes and apartments for most of my radio "career." I was certainly restricted on what I could do when it came to antennas and I lived with those restrictions. When I decided that I was ready to put up another HF antenna farm I moved. That right, I moved. I bought a home that's not in an HOA. I passed up dozens of homes that I really liked because they had restrictions. I ended up with a nice home in the country with plenty of room for antennas and not one person can tell me that I can't put up antennas.
Regardless, I find the idea of some power tripping, nosey losers living beside me having the power to tell me what I can and can not do on property I paid hundreds of thousands of dollars for revolting. I will NEVER live in a HOA or CC&R area.Sure, moving to another home to satisfy a hobby is a little extreme and I'm sure not everyone can do it. It's also not fair to newcomers to the hobby that already live in restricted properties. But going back to what I first said, many people chose to live in those communities. People who live in restricted communities that are not hams probably don't want to see a 100 foot tower in their neighbor's backyard, and they shouldn't have to see it. They paid a premium to live in neighborhoods that the homes are a copy/paste of each other and they shouldn't have to look at your triband beam.
There's also a difference between OTA antennas and satellite dishes versus your amateur radio antenna. TV provides local public service information that all people need access to. Talking on the repeater or 80 meters is not a necessity. And don't try to bring up "public service" and "ham radio saves lives!" crap. If you're really that into EmComm you shouldn't need a tower and beams at your home location, instead you should have portable antennas that can be easily deployed in an emergency. Talking on 80 meters about your colon issues, chasing DX on 20 meters, and chatting with Bob on the local 2 meter repeater is NOT "public service" or "emergency services."
Long story short, you choose to live in a restricted neighborhood. You can also choose to move.
You'd be surprised. For some people it's a sign of status. HOA neighborhoods are (for the most part) nicer communities with nice homes that all look pretty. They're all the same colors, the grass is well maintained, and there's not any rusty old cars in the driveway on cinder blocks. There's plenty of people with the money and ego that want to live in such a place.I fail to understand how CC&R's or PRB's benefit the real estate business. I understand that some folks like the idea that they can tell others what they can and can't do with their property. However it seems to me that anytime you place restrictions on how a customer can use his purchase you run the risk of driving a few people away from your product.
OK, so they've prohibited any antenna unless you get approval from the ARC. Now, it gets interesting:No antenna, satellite dish, or other device for the transmission or reception of radio, television, or satellite signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors and above ground, whether attached to a building or otherwise, on any part of the Property, including Lots, with the written approval of the Architectural Review Committee, which approval shall not be unreasonably withheld;...
Given that Part 97 already incorporates a preemption of zoning laws with regard to amateur radio antenna structures, I think I can make a reasonable argument that an "applicable governmental authority" has preempted the antenna prohibitions contained in my CC&Rs....provided, however, that any such device may be installed and maintained on any Lot without necessity of such written approval if:
- it is not visible from the neighboring Lots, streets or Common Area;
- or the Owner, prior to installation, has received the written concent of the Owners of all Lots who would have views of the device from their Lots;
- or the device is virtually indistinguishable from structures, devices, or improvements...which are not prohibited by these covenants or Bylaws;
- or it is a satellite dish 1 meter or less in diameter and not affixed to the roof of a residence;
- or if prohibition of the installation, use, and maintenance of such device is specifically preempted and superseded by applicable governmental authority.
You act like you haven't done that...but you have.I don't understand why anyone would willingly give up their ability to determine how to use their property.
I'm not. I'm also not signing this petition.You can work within the HOA to make changes to their rules or even to abolish it but don't go crying to the local, state or federal government to get you out of your bargain.