Deed Restriction Question

[NZ4Z]

I was wondering, I have obtained a copy of the deed restrictions for my property. When looking at homes in the past they all stated "No Ham Radio Antennas" this one does not. City zoning says they have no problem with towers or antennas. However, the deed does say no TV antennas. Will that somehow cover Ham antennas? Our will I be ok? There isn't a HOA in place either....not sure if that matters.

Thanks in advance

Steve / NZ4Z

[WB2WIK]

I'd want to read the entire document from start to finish.

Sometimes outdoor antennas fall under a different section of the covenants, including "nuisances" or almost anything.

[N3WAK]

Steve--The safest--and best--course is for you to consult a local real estate attorney, who would know how broadly the prohibition is construed.  There may be case law or other legal authority in your state that already provides the answer.  People here on eham can't give you a definitive answer. 

My deed restrictions explicitly regulate antennas, although the verbiage throughout the document is so poorly worded that there's some wriggle room.  In addition, there are paragraphs dealing with new construction and changes to existing construction, as well as "erections" on the property.  As far as I was concerned, the regulation of "erections" covered antenna masts, and since I had some more flexibility with respect to "erections" versus "antennas," I treated my antenna mast (and antenna) in the way that gave me the most latitude.  As a consequence, I've erected a 30' flagpole, a fiberglass mast, and several PVC masts, which I use with my wire antennas.  Who said an old guy can't have plenty of erections?   

Anyway, the builder has since gone bust, never did form an HOA, and my neighbors don't care about my erections and I don't care about their parked RVs and pink flamingoes. 


73, Tony N3WAK

[W0MT]

Rather than spelling out each and every restriction in the CC&Rs, some are drafted with the provision for an Architectural Review Committee (ARC). The ARC is authorized to write detailed restrictions to preserve the look and appearance of the development. The CC&Rs require each household to meet all of the restrictions of the ARC. Any external modifications and additions must be approved by the ARC. The lesson to be learned here is that just because the CC&Rs fail to mention antennas doesn’t mean antennas can be put up without restriction.

[AA1BN]

Re:
"the deed does say no TV antennas"

"There isn't a HOA in place either...."

The Federal PRB allows TV antennas. That tops the
restrictive deed BS. Since the deed restrictions are already
faulty, it can be used as a reason to doubt other mistakes.

No HOA? And you're worried about what?

Unless you're installing a tower, and -if- you're only going to
install a simple, fairly inconspicuous antenna system, I would
A. run it by an attorney in your area that specializes in real estate,
B. With his blessing, put it up and get on the air.

You don't have an HOA to provide a ruling, and the document
lists restrictions that are in violation of Federal law.

73,

John

[W3WN]

I was wondering, I have obtained a copy of the deed restrictions for my property. When looking at homes in the past they all stated "No Ham Radio Antennas" this one does not. City zoning says they have no problem with towers or antennas. However, the deed does say no TV antennas. Will that somehow cover Ham antennas? Our will I be ok? There isn't a HOA in place either....not sure if that matters.

Thanks in advance

Steve / NZ4Z

Consult a real-estate attorney to be certain.  (And pay the man, or woman, for the hour.  Well worth it. ) 

But as long as you don't run SSTV, it would appear that you might be OK.

[W3HKK]

If there is one neighbor who doesnt like it, you will be challenged and  quite poswsibly asked to take it down.  ( told to)

While it is inviting  trouble to  make a public announcement of your intentions, going the lawyer route up front puts you in better shape when the inevitable  challenges come along. 

[WA3YAY]

PRB-1 doesn't help much with Ham antennas. Best deal with this by stealth methods. The cost, aggravation and damage to your relationship with the neighborhood is not insignificant in this situation. I'll be faced with this in a few years, so even though I have the room for bigger antennas, I'm keeping it small with LnR Precision end-fed antennas hidden as best possible just be comfortable with the performance hits I'll realize when I'm in my 55+ Florida development.

[KI6TRA]

Despite what your homeowner's association or governing authority in the USA tries to tell you, the FCC ruled over 15 years ago that homeowners associations and other governing authorities may not restrict the installation of antennas on the roof of your private residence for the purposes of TV, radio or internet reception. If that clause exists in your governing authority's regulations, or in a deed restriction, it is in error and is unenforceable. The burden of proof is placed on the governing authority, and they can be liable for damages if they try to enforce "no-antenna on the roof" rules. Please see the attached link to the FCC website where the details of the law are explained. I hope that you find it useful.

http://www.fcc.gov/mb/facts/otard.html

Cheers,

Carl

[KI6TRA]

The cost, aggravation and damage to your relationship with the neighborhood is not insignificant in this situation.

I'll have to agree with WA3YAY about keeping neighborhood "diplomatic relations" clean. The best way to avoid any of that is by going stealth. Now stealth doesn't meant that you can't put anything outside. Plenty of good options are available around. The secret of a good stealth antenna is to use the silhouette of your existing living environment to hide whatever antenna you want want to use. It's called "hide in plain sight" and usually nobody will say anything because they've no idea that an antenna is present is the area unless someone told them. Everything is a question of "education" in the matter.

Remember than people are afraid of unknown. Today's transceivers and electronic devices have nothing to do with 50's or even 70's technology. We've transistors and a better understanding of electronics than prevent all sorts of problems that use to happen 30 or 40 years ago. As an example of that I run a Tokyo Hi-Power 600W on my stealth antenna (Chameleon HYBRID) and I live in an apartment complex. For more than 7 years I NEVER had any complain about TV, Xbox or any other RFI problems and I'm right at the second floor of a 3 story building apartments.

For good Deed Restriction antenna have a look at the following post and it might be what you need: http://www.eham.net/ehamforum/smf/index.php/topic,79981.0.html

Cheers,

Carl

[W4KSO]

Despite what your homeowner's association or governing authority in the USA tries to tell you, the FCC ruled over 15 years ago that homeowners associations and other governing authorities may not restrict the installation of antennas on the roof of your private residence for the purposes of TV, radio or internet reception. If that clause exists in your governing authority's regulations, or in a deed restriction, it is in error and is unenforceable. The burden of proof is placed on the governing authority, and they can be liable for damages if they try to enforce "no-antenna on the roof" rules. Please see the attached link to the FCC website where the details of the law are explained. I hope that you find it useful.

http://www.fcc.gov/mb/facts/otard.html

Cheers,

Carl

This is wrong. It specifically mentions that ham radio antennas ARE NOT covered under this:

Q:  I want to install an antenna for broadcast radio or amateur radio.  Does the rule apply to me?

A:  No.  The rule does not apply to antennas used for AM/FM radio, amateur ("ham") radio (see 47 C.F.R.  §97.15), Citizen's Band ("CB") radio or Digital Audio Radio Services ("DARS").

[KE4YOG]

If it comes down to it some antenna is better than none. The good thing about the stealth approach is you want get blamed for everything from Cable TV issues up to and including the death of Jimmy Hoffa. If people never know you are operating you will  never have to argue with neighbors about RFI issues even if you might be causing the problem.

[KI4SDY]

Go stealth! Paint everything with flat black spray paint, like I do, for invisibility and corrosion resistance. Most importantly, since you have found a legal flaw in the original deed restrictions that have been ruled unreasonable by the federal government and no other restrictions, stop asking questions before you rile a problem person or agency.

You will never get a guarantee that you won't be hassled by someone, if they see an ugly antenna or antennas on your property. Quit worrying and start operating! 

[W8JX]

You know reading through this thread only one ham gave the right answer and that was W3WN when he said "consult a real estate attorney". 

[KI4SDY]

Many times, lawyers will create more problems than they cure. However, they will always separate you from your money!