HOAs: "No solar panels for you"

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snipped-for-privacy@att.bizzzzzzzzzzzz wrote:

Possible, but I wasn't referring to a change in the by-laws; I meant a change in the board.
To elect a board member or president, the by-laws can't require a vote of half the property owners! Such a rule would be tantamount to "President for Life." Once you control the board, you control the enforcement (or non-enforcement) mechanism.
I've been to campaign management schools, run political campaigns, and held public office. Trust me: taking control of a meeting is trivial with a little planning.
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They do. According to their bylaws, it took 50% of the members for a quorum. Can't have a vote without a quorum; board for life.

...and 50% of the members.
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On 04/26/12 09:00 pm, snipped-for-privacy@optonline.net wrote:

Several years ago I read a report that somebody asked to see the HOA rules for a subdivision in which he was thinking of buying a property but was told that they were proprietary information and that he wouldn't be allowed to see them until he had bought the property and become a member.
In addition, HOA rules often outlaw "radio transmitting equipment," which logically means no cell phones, cordless phones, baby monitors, wiFi, garage door openers, etc.
Perce
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....and amateur radio (ham) or TV antennas. Ham magazines often have articles on howto make disguised or construct hidden antennas.
nb
--
vi --the heart of evil!
"Avenge me!" --Bill Burr
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the federal law that allows dishes for satellite tv also allows tv antennas
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Why?
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The problem is *rarely* the ham. Just tell the people with a problem to get it fixed.
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On 4/27/2012 7:15 AM, snipped-for-privacy@att.bizzzzzzzzzzzz wrote:

I don't believe you can regulate "radio transmitting equipment".
HOAs regulate antennas that are visible (like solar panels). Long distance transmissions are below 30MHz, often far below. The antennas are large and likely to be visible on the outside. Those visible antennas would an eyesore that would strain the sensibility of neighbors (just like the solar panels) and thus HOAs might restrict them.
You might hide antennas (as notbob suggests) as something that is permitted, maybe a flag pole.
Municipal zoning may try to limit ham antennas. Courts have said antennas are the jurisdiction of the FCC, not municipal zoning.
HOAs get away with it because there is a contract that is extorted from potential residents.
--
bud--


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On 4/29/2012 10:26 AM, snipped-for-privacy@att.bizzzzzzzzzzzz wrote:

The comment should have been to Percival Cassidy a couple levels up.
<...>

The ARRL is the major association of hams in the US. From a link on antenna restrictions at the ARRL website (QST, May 2007): The FCC made a "declaratory ruling requiring that local zoning laws must reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. Any regulations must constitute the minimum practical regulation to accomplish the state or local authoritys legitimate purpose of protecting public safety."
Hams can not erect "anything" they want to. But the power of governmental entities to limit what a ham can build is limited.

It is what the ARRL thinks.

From the same QST article: "The FCC has been very clear that [the FCC limited preemption on antennas] does not cover [covenants, conditions and restrictions], as they are a private contract, not public policy issues."
HOAs are among the restrictions a ham may encounter building an antenna.
--
bud--





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On Thu, 26 Apr 2012 23:17:56 -0400, "Percival P. Cassidy"

We've all heard that before; "we have to pass this law before we can see what is in it".

Which they have no jurisdiction over. Do you believe they have the power to allow slavery, too?
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wrote:

Sorry my friend same rule that would be applied here is "YOU HAVE PURCHASE AS IS" as man siad you most abied by community rule

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Next time you post, lay off the booze.
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http://bentcorner.com/someone-supposedly-paints-house-like-an-american-flag-in-pr otest-of-homeowners-association/
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On Fri, 27 Apr 2012 10:04:08 -0400, "Percival P. Cassidy"

So you do believe that an HOA can allow slavery.
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On 04/29/12 12:39 am, snipped-for-privacy@att.bizzzzzzzzzzzz wrote:

No, but in dealing with amateur radio antennas, the FCC explicitly declined to make rules that override CC&Rs and HOA rules.
Perce
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On Sun, 29 Apr 2012 15:23:39 -0400, "Percival P. Cassidy"

I didn't realize that ham antennas were excluded. Apparently only antennas for commercial telecommunication services are included in the ban, ban. Dumb.
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On Sun, 29 Apr 2012 19:39:59 -0400, " snipped-for-privacy@att.bizzzzzzzzzzzz"

Smart IMO.
While satellite dishes are small and unobtrusive, ham antennas can be very very large and quite ugly (though most hams see them as quite beautiful). However I'll bet most people here don't really want a 50 foot ham tower next door. And as was previously mentioned even though the ham interference is usually caused by poorly designed consumer electronics, that doesn't help the poor guy who is trying to use his expensive flatscreen.
BTW I am a ham and have had those towers in the past at previous houses. Quite frankly it was a hassle to me just hearing all the neighbors complaints. Some as you might imagine got nasty. I was blamed for every sort of interference, some even when I wasn't home. It kind of took the enjoyment out of the hobby.
So when I bought this house, I didn't worry about the HOA antenna restrictions. I decided to go with stealth antennas. I am still able to work the world. Course it's not as easy as when I had the big antenna, but it just takes a little more operator skill. I've been here over ten years now and none of my neighbors is the wiser.
But I digress. I bought in a neighborhood protected by an HOA. I knew when I signed the papers what the rules were. For those who hate HOAs just don't buy into one. In my area (Phoenix) you can tell the HOA free neighborhoods just by looking...
BTW2 my HOA allows solar panels...
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wrote:

Come to Phoenix. Large areas are HOA free. I lived in one for 30+ years (Maryvale for anyone familiar with the area). And as I previously said, you can mostly tell the HOA-free areas by just looking at them. Trouble is many people want to have their cake (be HOA-free) and to eat it too (live in a nice well kept up neighborhood). In my experience that seldom seems to happen...
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wrote:

It's not quite that bad since there are still zoning regulations in the HOA free areas. They are usually enforced by complaint though there are zoning officers that roam when they're not busy. First is usually a warning and then if there is no compliance, a citation. Phoenix makes it easy, you can make a zoning complaint by phone, net, or text.

Just remember that if you decide to self-enforce, and you live in the same neighborhood, turn about may be fair (foul?) play...
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AJL wrote:

I'm in Houston. We don't have zoning.

Good point! That's exactly why your first response has to be of such overwhelming force as to absolutely remove both the desire and the ability of the miscreant to respond. That is, what can we throw at his house other than an egg?
Hmm. Here's a bottle of a flammable liquid with a rag stuffed in the spout. Wonder if that would work?
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