#HAM RADIO VS HOA COVENANTS PDF#

Without immediate action, we could all be looking at a forest of HAM radio towers in the future, with no way to control them. In the waning days of May, CAI and HAM Radio Lobbyists worked with together with Federal Legislators to reach a compromise on H.R. Senator and ask them to vote down this legislation! You should also encourage all of your neighbors who oppose this legislation to contact their senators too.

Unless you want HAM radio towers in your community, you should contact your U.S.

#HAM RADIO VS HOA COVENANTS PDF#

It can also be found on this page in HTML, PDF or ASCII formats. The legal cite is 101 FCC 2d 952 (1985) and it can be found on the FCC Web page. Even though it is from 1985, it is still valid today. 1685 directs the FCC to adopt rules and regulations that prohibit private land use restrictions (i.e., restrictive covenants) if the restriction: (1) precludes HAM radio communications (2) fails to reasonably accommodate such communications or (3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the restrictive covenant.Īpparently the HAM radio activists have already send over 14,000 messages to Congress in support of their hobby. The FCC's PRB-1 document, an 11 page Amateur Radio Memorandum Opinion and Order, was released September 19, 1985. 1685 is proposed legislation that is scheduled for mark-up in the Senate Commerce Committee on Wednesday, November 18. He want more height, different antenna design, and. During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. It’s basically invisible, and unknown to the HOA. I’ve gotten approval for my Helium hotspot via OTARD, but I’m researching for a neighbor who has a flagpole up, and approved that also doubles as a ham radio antenna. Again, the gray areas can be exploited for tiny antennas. Further, I've heard of folks during exploiting the DBS rules. There is an effort in Congress to pass a bill to prevent absolute ham radio antenna restrictions and covenants like your situation. 1685, all communities (including condominiums, planned communities and co-ops) could be restricted from disallowing HAM radio towers. Yes, HOA’s in certain cases here in Texas simply can’t be avoided. An HOA isn't going to spend 5,000 on a wireless expert to disprove your claim so long as it's a small antenna & you're creative. HAM radio operators are prohibited from placing antennas on common property Associations may establish written rules concerning outdoor HAM radio antennas.

Ham radio vs hoa covenants