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Author Topic: CC&R Issue  (Read 734 times)
KC4SMB
Member

Posts: 6




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« on: March 29, 2002, 12:06:45 PM »

I also live in a housing community that does not allow antenna's to included TV and Dish antenna's in the beginning. The two latter restrictions have been lifted and are not enforced becuse I have been told that the goverments has made it unlawful to do so. But what about amature radio antenna why have we been forgotten? We do more for the community in times of need and emergency than most but are held back from errecting simple verticals or dipoles. So much for the soap box I have tried to use the examples that have been given in other texts but with out results. Is there any thing new that my help my case to the Board of Directors?
About to Give Up!!
David
KC4SMB
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WB2WIK
Member

Posts: 20540




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« Reply #1 on: March 29, 2002, 12:11:50 PM »

David, if you follow amateur radio news, especially in QST, this subject is far from forgotten.  The ARRL petitioned the FCC to include CC&R restricted housing under PRB-1, the FCC took months to decide "no."  They found no compelling reason, once again using the argument that people are aware of such restrictions before they choose to live in or buy such properties, and if they don't like the restrictions, they are free to move elsewhere.

FCC recommended ARRL take this matter to Congress, which is in process.

Time will tell how that works out, but in the meantime take a look at the suggestions I made in the previous post here, regarding running for an officer of the Board...it's serious, and it surely worked for me.

WB2WIK/6
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W7UIV
Member

Posts: 14




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« Reply #2 on: April 18, 2002, 04:30:00 AM »

David:

Our association is also doing an update of rules, and one that needed to be changed was the antenna restriction due to sat-tv dishes.

I sent them my version of an update, which actually names Amateur radio antennas as permitted.  It passed the board on a 100% vote. Now amateur radio antennas are actually specified as permitted. The only restrictions or requirements I wrote in are:

1)must be in the back yard so as to be shielded from street view by the home.
2)homeowner must show evidence of holding an amateur radio license.
3)If a tower supported antenna is used, the tower must be of the telescoping type which can be lowered to 25 feet or less when not in use.

Of course I had to go through some explanations that took a couple of pages on various topics about antennas, amateur radio, PRB 1, and also the Oregon state law that supports amateur radio.  I'll send a copy in an email if you'd like to see it.

Jim, W7UIV
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KC4SMB
Member

Posts: 6




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« Reply #3 on: April 18, 2002, 07:33:16 PM »

Please do! If I have a logical argument then maybe the hard heads on the Board of Directors may listen to reason. When I asked them how it was ok for a seven foot satalite dish to be in the community they said the goverment made it agaist the law to restrict them but there was no such restriction againt antenna's and we don't what antenna farm popping up besides they are ugly. What I do not understand is that they do not see the valueable service that I provide to the community I am a aries member and soon to be part of the Race community but none of this matters. So far they have not found my latest antenna a G5Rv dipole that I have hidden in my oak tree in the back yard, but it is not as clean of a antanna as the GAP Eagle vertical I would like to install.
Any help you can give will be accepted.
Thank You
David
KC4SMB
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KF7CG
Member

Posts: 799




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« Reply #4 on: April 24, 2002, 08:44:15 AM »

David,

The only suggestion I can give at this point is to talk the local Amateur community to have a well publicized work stoppage to emphasize the problem.  The contributions of Amateurs is not generally recognized even when acknowledged.  If the local Amateur community would respectfully decline the offer to provide communications for the next community non-profit event (walkathon, bikeathon, marathon, fair, football game parking coordination) citing a lack of available and willing members due to the current deed restrictions running the Amateurs out of business they might take notice.  Maybe they could do their coordination with cell phones.
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KF6KHH
Member

Posts: 14




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« Reply #5 on: April 26, 2002, 01:41:50 AM »

Jim,

  If you could forward those to me (especially the Oregon links) I'd love it.

Thanks,

  -Josh
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K3MOV
Member

Posts: 504




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« Reply #6 on: April 29, 2002, 12:01:12 AM »

David, I hope you are sucessful in working out your problem.

I live in a CC&R community also. I find that finding ways of getting around the restrictions is sort of like working through a DX pile up - just another challenge.

I recently put up a Hy Gain 640 vertical, put a 3'x5' U.S. flag on top and haven't heard any complaints. There are certainly many more flags flying since 9/11 (unfortunately) and, as far as I know the only looks the antenna has received are those of admiration. I also have an Alpha Delta DX EE antenna winding its way through  my attic. Works great. Plenty of SSB DX from Baltimore with 100 watts.

Also check out Force 12's website. They have a "Flagpole Antenna". They also have a vertical for 20 - 10 that's only nine feet high and can be ground mounted.

Last recommendation, get the "Stealth Antenna" book from ARRL. Oodles of good ideas in there.

Gud luck es 73, Tom
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W6OJ
Member

Posts: 18




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« Reply #7 on: June 02, 2002, 09:37:35 PM »

A Homeowners Association (which shall go nameless) recently caused their CC&Rs to be ammended to allow "dish or circular" satellite antennas one meter or less in size with the following language I provided:

"Recent law changes and FCC rules (OTARD: Over-The-Air Reception Devices) adopted in 1996 now make it illegal for homeowners associations to ban satellite antennas as we currently do. OTARD sets forth specific guidelines which essentially state that an association (1) cannot prohibit such antennas of one meter or less in size, (2) cannot establish rules that are inordinately expensive to the member, (3) cannot establish rules that interfere with the reception and operation of such antennas, (4) cannot unreasonably or willfully delay the installation procedure, and several other guidelines that rigorously protect the member’s rights with respect to such antennas."

Notice that the language is very generic and does not mention commercial television or even television.... just "satellite antennas". Now, is/has amateur radio been aboard satellites (OSCAR)? Yes! Can a ham use this language and erect a High Q (MFJ, Isotron, etc.)  circular antenna to receive satellite transmissions? Yes! And can it be in the air to improve reception? Yes! Does the language say anything about receive/transmit? No!

My point is that the FCC's OTARD rule provides an opening for hams to carefully and politically argue, and hopefully win, that we can erect small circular antennas to receive satellite signals and are allowed to do so pursuant to OTARD language.

Finally, was OTARD created to apply to hams? No, but by using a little creativity and "country lawyering"  one can likely gain a small crack in the CC&Rs to enable hams to put up at least a high Q antenna up in the air.

Not breakthrough stuff, but sometimes one simply does the best one can with the cards delt one!
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