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
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.
....and amateur radio (ham) or TV antennas. Ham magazines often have articles on howto make disguised or construct hidden antennas.
nb
the federal law that allows dishes for satellite tv also allows tv antennas
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.
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?
Why?
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
rules: it's considered to be a private
the ex-Marine whose HOA took him to court
On the other hand, if I own a piece of property I should be able to do with it whatever I want. If I decide to do something not in keeping with the neighborhood, I have to be prepared for a not-pleasant response..
Here's a true story.
In my town, there is no zoning. Some years back, Shell Oil bought a corner lot in the ritziest part of town (by far). They announced plans to build a gas station.
The neighbors didn't like the idea. They cut up their Shell credit cards and mailed them to the company with notes that this was only the first step in retaliation for such rascally behavior on the part of Shell.
Those who vowed retribution included John Connally (Sec of the Navy, Governor of Texas, Sec of the Treasury, and wounded while riding with JFK in Dallas) and the sitting Secretary of Commerce, Robert Mossbacher.
Shell donated the corner lot to the city for a pocket park.
We have our ways...
The problem is *rarely* the ham. Just tell the people with a problem to get it fixed.
So you do believe that an HOA can allow slavery.
Next time you post, lay off the booze.
Um, I'm on your side, more or less. I challenged the silly assumption that HOAs, in general, lower property values. If that were true, builders wouldn't start them.
That's a condo, no?
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.
No, but in dealing with amateur radio antennas, the FCC explicitly declined to make rules that override CC&Rs and HOA rules.
Perce
I didn't realize that ham antennas were excluded. Apparently only antennas for commercial telecommunication services are included in the ban, ban. Dumb.
Might be. But just as likely it could be the Gestapo attitude a lot of associations adopt. Several years ago the city of Wichita, in an attempt to suck up to an "exclusive" neighborhood went way out of its way to dress up a water pumping facility on the edge but OUTSIDE of the neighborhood. They designed the facility to look like one of the high-end homes inside of the neighborhood, right down to landscaping and shake cedar roofing. If you were not aware of the fact that the structure was full of pumping equipment you would not have guessed it was not another expensive home.
A few years ago the structure was needing a new roof. In order to save some very tight funds they decided to put an attractive dark colored metal roof on the building. Not only did it save taxpayers installation money, it reduced insurance rates for the structure, the city and taxpayers. As a show of appreciation for the city having sucked their tit for 20+ years the adjacent neighborhood sued the city and won. Remember, this plant is outside of the walled boundaries of the neighborhood. The city was forced to remove a perfectly good and economical roof and put shakes on the house. Why? They played footsie with the snobs for years and it proved to be a precedent.
RonB
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...
I don't know the structure, it's one of those Florida things. Each person owns their house but it's all part of a planned community. I really like it and wouldn't mind moving there in a few years.
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