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Author Topic: Fined $50  (Read 34319 times)
KI6CQ
Member

Posts: 8




Ignore
« Reply #60 on: February 20, 2011, 04:52:52 PM »

While I am not a lawyer, I have always wondered why neighbors who bought into such an arrangement and want out, in a sufficent majority, can't force the issue.

If the board won't meet, call your own meeting with a sufficient quorum.

Agenda:
1.  To terminate the current board of directors, and thank them for their "service"
2.  To dissolve the association, as follows:
2.1 Appointment of temporary board for purposes of liqidation
2.2 To empower the board to make an estimate and assessment for dissolution costs
2.3 To identify common areas for auction (pool, tennis courts, etc.) to local homeowners or businesses, and determine a plan for such an auction so as to maximize the cash returned to members of the HOA
2.4 To require the board to present a calendar for said auction and dissolution by the next meeting
3. To set the date of the next meeting


Of course this is where having a lawyer, or at least reading the current agreements, becomes useful.
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W0MT
Member

Posts: 169




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« Reply #61 on: February 21, 2011, 10:24:58 AM »

While I am not a lawyer, I have always wondered why neighbors who bought into such an arrangement and want out, in a sufficent majority, can't force the issue.

If the board won't meet, call your own meeting with a sufficient quorum.

Agenda:
1.  To terminate the current board of directors, and thank them for their "service"
2.  To dissolve the association, as follows:
2.1 Appointment of temporary board for purposes of liqidation
2.2 To empower the board to make an estimate and assessment for dissolution costs
2.3 To identify common areas for auction (pool, tennis courts, etc.) to local homeowners or businesses, and determine a plan for such an auction so as to maximize the cash returned to members of the HOA
2.4 To require the board to present a calendar for said auction and dissolution by the next meeting
3. To set the date of the next meeting


Of course this is where having a lawyer, or at least reading the current agreements, becomes useful.
I assume you are talking about getting rid of the HOA and the CC&Rs. You may be able to get rid of the current board. Then again, if the CC&Rs require sometime like 1/3 are up for election each year, you might have to wait for several years to replace all of them. The general rule to modify the CC&Rs (including getting rid of them) is that 100% of the owners of property covered by the CC&Rs have to agree. When is the last time you have seen 100% of any group agree to anything? At least one state, Colorado, has enacted laws that allow the CC&Rs to be modified by less than a 100% vote but most states I am aware of still require 100%.
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AB3MO
Member

Posts: 16




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« Reply #62 on: February 26, 2011, 08:32:02 AM »

     Having spent four years as a condo association board president, I've dealt with the satellite dish problem. Can't restrict use but can control installation.
     Best solution. Take antenna down. Eat humble pie. Apologize. Then ask for permission, in writing, to install an antenna that you can take down when you are not using.

You might want to review the following, massive amount of text to employ in your behalf.

Dave Taylor, AB3MO/4 Winter Haven FL


GOOGLE THE FOLLOWING
Antenna Restrictions: Are They a Catastrophe Waiting to Happen?

by Richard White

FLORIDA STATE STATUTES:
125.561 Amateur Radio Antennas; construction in conformance with
federal requirements.--
(1) No county shall enact or enforce any ordinance or regulation which
fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
county with respect to amateur radio antennas shall conform to the abovecited
limited preemption, which states that local regulations which involve
placement, screening, or height of antennas based on health, safety, or
aesthetic considerations must be crafted to reasonably accommodate
amateur communications, and to represent the minimum practicable
regulation to accomplish the local authority's legitimate purpose.
(2) Nothing in this section shall affect any applicable provisions of
Chapter 333.
166.0435 Amateur radio antennas; construction in conformance with
federal requirements.--
(1) No municipality shall enact or enforce any ordinance or regulation
which fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
municipality with respect to amateur radio antennas shall conform to the
above cited limited preemption, which states that local regulations which
involve placement, screening, or height of antennas based on health,
safety, or aesthetic considerations must be crafted to reasonably
accommodate amateur communications, and to represent the minimum
practicable regulation to accomplish the local authority's legitimate
purpose.
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K4KYV
Member

Posts: 37




Ignore
« Reply #63 on: March 03, 2011, 11:01:16 AM »

Since satellite dishes are permitted by federal law by default, why not mount a small dish on top of a vertical mast, and use the mast as vertical antenna, with the dish serving as a top-hat for loading?  I wouldn't think the ground radials would even be relevant to the case, or did they go so far as to write rules about what you can bury under the sod (would they go round prodding people's lawns in search for buried wires)?

You can pick up second-hand parabolic dishes for use with satellite reception at flea markets for a few bucks.  I have even seen them lying in dumpsters free for the taking at the local landfill's "convenience" station. It wouldn't be anyone's business whether the dish actually was in active service for internet or TV reception.

If you live on a HOA-controlled property, you are not really a home owner; you are a tenant!
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W6UV
Member

Posts: 536




Ignore
« Reply #64 on: March 03, 2011, 12:16:42 PM »

Since satellite dishes are permitted by federal law by default, why not mount a small dish on top of a vertical mast, and use the mast as vertical antenna, with the dish serving as a top-hat for loading?

That will only work if the only way you can install a satellite dish and have it see the satellites is by putting it at the top of a tall mast. If you can do it any other way, then federal law won't help you.
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W5TTW
Member

Posts: 42




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« Reply #65 on: March 19, 2011, 03:21:47 PM »

I have a 25' mast running inside the 'pipe' of a portable driveway basketball backboard set.  (The kind that has two wheels on the base and you tilt it over to move.)  It's not a permanent structure, the backboards are allowed under the HOA rules and it's not attached to my house.  Therefore, I don't need approval from any board. 

Currently I have a PAR omniangle halo on it for 6 meters, but I could attach anything to it that isn't too heavy.  I've had PAR EndFedz on it as well as an IMAX2000. 
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K4KWH
Member

Posts: 51




Ignore
« Reply #66 on: April 06, 2011, 08:45:07 AM »

The more I read about HOA's, their snotnosed, sniveling little nerds, the more I HATE 'em!  It is a good thing I don't live under one. I am a firm believer in property rights, and your "rights" end at my property line!  Angry I would get in trouble over this--either because I would knock the bejeepers outta of one of those b@#$^&#ds or because he couldn't get around behind of "ol Betsy"!  Grin  Yep! I ain't got no "HOA" and I'll put up as many antennas as I please, park as many cars in my drive as I please, park 'em on the grass, WORK on cars if I want to, and tell 'em to stick it up ---------- well, you know! Cheesy My 60 ft tower is just FINE, thank you!  Now, Mr 4-eyed nerd, MIND YER own business and GIT!!

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WB4TJH
Member

Posts: 189




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« Reply #67 on: June 07, 2011, 08:31:57 AM »

Sorry,  but it still goes back to if you are stupid or naive enough to move into an area with such restrictions, you get what you asked for.
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N9IAG
Member

Posts: 81




Ignore
« Reply #68 on: June 12, 2011, 01:29:12 PM »

Check into the rules, and follow them.  I contracted out lawyer, and found out what the procedure is. I took a picture of my house, used paint in Windows to draw in what I wanted, and sent it to the home owners, and I got approved.

I asked for a pole up the side of the house, with a 13 element 2M boomer, and a 10' multi band vhf/uhf antenna on the top, and a "flag pole" in the back yard.  The "flag pole" is actually a 20M vertical with a 40m resonator built in that's tunable 80-10. 

I spoke with someone on 20 a few weeks ago and he said he found a lawyer on arrl dot com and they charged $150.00 and the lawyer convinced the home owners group and now he can basically do anything he wants. simple $150.00 and end of discussion. 

I do cannot afford a lawyer, but $150.00 if that's all it takes, well, that's the cost of a beam.  I'm sure almost any of us spent more than that on many antennas.
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KI4SDY
Member

Posts: 1452




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« Reply #69 on: June 12, 2011, 04:14:37 PM »

One happy ending for how many horror stories? He only had to pay $150 to put up antennas on his own property. That's a victory?  Roll Eyes

If you value your privacy and want to enjoy any hobbies, stay away from HOAs!  Wink
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KU2US
Member

Posts: 74




Ignore
« Reply #70 on: June 26, 2011, 06:52:31 PM »

Simple solution. load up your gutters if they are metal. This DOES work, and good!
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AD6KA
Member

Posts: 2232




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« Reply #71 on: June 27, 2011, 04:33:12 AM »

HOA's do have their place. Since both my wife and I both work in medicine,
we do not have to commute far to find good jobs. Others are not
so fortunate. We live in a single family home on property zoned for horses
(rare in Los Angelese County) no HOA's or anything. My wife's commute is 10
minutes, mine is 35. Yes, we are VERY lucky.

A long, long time ago I had a 1.75 to 2.5 hour work commute EACH WAY.
But I was young so it wasn't too big a big deal at the time And that is NOT
an unusually long commute by So Cal standards, believe me!


If I still worked there, and IF the pay was much better, and I wasn't
three years away from paying off my mortgage like I am now
, and HOA housing
was 20 minutes away from work, you can BET YOUR ASS I'd have looked
really long and hard at it, ham radio or not.

There is SO MUCH MORE TO LIFE than ham radio and super duper antennas.
Like spending an extra 4 hours a day with your wife & family and NOT on the freeway.
Well, at least within my value system, world outlook, and way I want to live!
Ken,  AD6KA
« Last Edit: June 27, 2011, 04:41:58 AM by AD6KA » Logged
KI4SDY
Member

Posts: 1452




Ignore
« Reply #72 on: June 28, 2011, 06:27:45 PM »

What wife and family? I didn't know I had one!  Shocked
Most Husbands that live in HOAs were forced in there by Wives.  Angry

"There is so much more to life than ham radio and super duper antennas."
Like riding horses, hunting, plinking, archery, fishing, racing ATVs, whip cracking, knife throwing, fireworks, loud parties, skinny dipping, nude sunbathing, owning goats (no mowing), chickens (cheap eggs), growing vegetables and all the other things you can't do in an HOA prison!  Wink

I prefer life!  Grin  
« Last Edit: June 29, 2011, 07:38:41 PM by KI4SDY » Logged
KD1I
Member

Posts: 90




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« Reply #73 on: June 29, 2011, 03:27:48 PM »

OK, time to think outside the box here. What about a first amendment issue...protected free speech as well as a right to free assembly?   If exotic dancing has been designated as free speech, and it has by courts, then why not actual speech being protected. You cannot participate in free speech without suitable antennas...and as for free assembly, shouldn't we be free to assemble on the air with like minded or not so like minded individuals?  That takes a forum which ham radio, including an antenna, provides.   Just my 2 cents.   Maybe the ACLU would come in handy after all.    Jim
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N2EY
Member

Posts: 3860




Ignore
« Reply #74 on: June 29, 2011, 05:08:55 PM »

What about a first amendment issue...protected free speech as well as a right to free assembly?   If exotic dancing has been designated as free speech, and it has by courts, then why not actual speech being protected. You cannot participate in free speech without suitable antennas...and as for free assembly, shouldn't we be free to assemble on the air with like minded or not so like minded individuals?  That takes a forum which ham radio, including an antenna, provides.   

The problem is that the First Amendment only guarantees that "The Government" can't take away your free speech. You yourself can trade it away as part of a contract. When you choose to live in a restricted home, you've given up certain rights voluntarily as part of the contract.

There are all sorts of free-speech limits like that. Suppose I work for a company that is developing a new product, and my boss tells me to say nothing about it outside work because they don't want competitors to know. Does my right of free speech mean I can talk about it anyway? I don't think so.

73 de Jim, N2EY

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