FCC Seeking Comments on HOA Restrictions, Impediments to Amateur Communications

[ab3a]

It appears this docket is dormant, and going nowhere fast.

Fundamentally, nobody is twisting your arm to buy a home with CC&Rs. There may not be many homes near a city without them, but nobody tells you to live in a city either.

That said, you could put your ham radio gear on your car. You could build it and take it camping. You could form a club with a club station somewhere. All these things are possible. You don't have to do this activity at home.

There is no right to practice a hobby...

 

[rapidcharger]

The same disputes arise when no HOA exists. Sometimes the cities get really nasty. Sometimes the neighbors just sue you for decreasing their property value. Ask me how I know.

The best approach is to ask for permission in writing through an ACC application and get permission also in writing. If they will not go for it, try asking what their specfic objections or concerns are and address them.

 

[pgnsucks]

If a lawyer were to ever take up the case with appropriate (pro-bono) expert witnesses I think it would prove quite interesting. Reading the bulk of the document the FCC is only stating its opinion they even admit to the lack of a definitive degree of certainty as well as ambiguity on the subject. In recent history Boston showed that cellular communication cannot be relied upon in an emergency.

While I would never live in a HOA area this group in particular has found itself on the losing end of more recent litigation o other issues.

It would just in my opinion be an interesting case possibly on the municipal, city or state level.

Maybe I will live to see it as HOAs in particular have received numerous negative press attention in this state. Nationnally as well as on the state level these associations along with their boards are falling out of favor to many citizens. Florida is one of those states.

 

[N8OHU]

I agree regarding HOAs, but just because your community has zoning, don't assume everyone does. Fortunately, my property is mine to do any of the things you mention on should I desire to do so. There is one caveat- for commercial coal mining, you get a mine permit from the state.

Actually, many do have it, even if the particular locality lived in does not; there is usually some form of zoning on the county (or equivalent) level, if not at the state level. I found this out when a family member tried to put an addition on some property in an area that didn't have any; one of the neighbors had gotten his permits and the family member got a "stop work" order when the inspector came to inspect the neighbor's property.