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Author Topic: Any fast restriction education?  (Read 4485 times)
KB1BZR
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Posts: 79




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« on: May 07, 2012, 08:44:57 PM »

 Sad Sad Sad   I am curious.

If one were going to rent a place how does one know the restrictions ?

Let me give a simple vague example to try to explain.


I want to buy a place in Nevada. Maybe a condo or ?  OR rent ?


Any way to know ahead of time the possible inability of operating amateur radio ?


The question probably has millions of answers but maybe a link to where such things might be explained better ?

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N4UM
Member

Posts: 477




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« Reply #1 on: May 08, 2012, 07:10:56 AM »

1. Ask your realtor. 

2. Don't trust your realtor if he/she says there are no antenna or radio restrictions.  Ask to see all documents governing the rent/purchase conditions in advance.

3.  Talk to other people living in the development where   you are thinking about buying.

4.  Have a statement put in your lease or purchase contract stating that the contract will be voided if there are any restrictions regarding antennas or radio operations.

5.  Have your lawyer review everything before agreeing to purchase or rent.

6.  Don't purchase/rent if there are any restrictions you find objectionable.  Don't purchase if there are restrictions but you get a wink and a nudge" from the seller saying "it's alright." 

The above is not gospel...it's simply my thoughts on the matter.
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AA4PB
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Posts: 12899




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« Reply #2 on: May 08, 2012, 08:16:45 AM »

1. You have to know if there are any governmental (city or county) restrictions and/or requirements. While the government must provide "reasonable accomodation", for some bureaucrats "reasonable" includes expensive permits, drawings, and inspections.

2. You have to know if the property is subject to any covenants that may restrict or prevent an antenna. This can be even more restrictive than the government because it is something the owner agreed to prior to purchasing the property.

3. If you are renting then you also have to have permission from the owner in order to install an antenna.

There is no single place to get this information. You have to check with the appropriate governmental agency, get and read a copy of the covenents, and ask the owner. Don't count on the real estate agent knowing or checking it out for you. You can certainly write a clause into the contract that makes it void if you find a restriction. However, if you close on the house then later find restrictions in place it will be an expensive proposition to return the house and get your money back - if you can do it at all. The clause is designed to give you some time to check it out - before you close. You can sign the contract and while the mortgage and all the other processes are being completed, in the background you check out the antenna restrictions. If you find any, the clause lets you void the contract and get your deposit back so that you can look for another house.

If you find covenents, you can also apply for special permission to install the antenna prior to closing. If it's approved then you are good to go. If not, the clause lets you out of the real estate contract.

Note also that the seller doesn't have to accept your contract with the clause in place.
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KQ6Q
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Posts: 991




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« Reply #3 on: May 08, 2012, 12:39:40 PM »

Another way  -drive around the areas where you'd consider living, and LOOK for ham antennas. If there are none, there's probably a reason! Also, use the ARRL or FCC callsign database, and look up the zip code where you're considering living, and see if there are any hams there already - and if they're General, Advanced, or Extras, and likely to be using HF.
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W5TTW
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Posts: 42




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« Reply #4 on: May 08, 2012, 01:28:37 PM »

Here's a link to a sample lease provided by the Nevada State Apartment Association.  I'm sure that the vast majority of complexes use them.  Page way down and read the Antenna Addendum.  It states that anything other than 47 CFR 1.4 antennae are prohibited.  47 CFR 1.4 clearly states that 'ham' radio antennae are not eligible for exemption.

Sorry.

https://www.bluemoon.com/products/forms_online/print/index.php?state=NV&form=ALL&sample=1
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WX7G
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Posts: 6136




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« Reply #5 on: May 08, 2012, 02:47:21 PM »

As far as I know all new neighborhoods restrict antennas. Some even have a CC&R clause forbidding FCC part 97 transmitters (amateur transmitters).
« Last Edit: May 10, 2012, 06:37:28 AM by WX7G » Logged
W5DQ
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Posts: 1209


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« Reply #6 on: May 08, 2012, 04:39:34 PM »

As far as I know all new neighborhoods restrict antennas. Some even have a CC&R clause forbidding FCC part 15 transmitters (amateur transmitters).

".....forbidding FCC part 15 transmitters (amateur transmitters)" ..... AND I would take that to  mean NO microwave ovens, NO garage door openers, NO wireless home phones, NO wireless RF remote controls for TV, satellite and cable boxes, NO nursery/baby monitors, etc., etc. Boy, I bet those neighborhoods are RF quiet as the proverial graveyard!!!

Thank God I own 50+ acres in Arkansas where if need be, I can retire to. There is no restriction or CC&R's within probably 50 miles and no HOA nazis anywhere to be heard from. It's well off the beaten path so the QRM is non-existant but being in the southern US, not so much for the QRN and static crashes, especially in the spring/summer time Sad

Gene W5DQ
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Gene W5DQ
Ridgecrest, CA - DM15dp
www.radioroom.org
WA8FOZ
Member

Posts: 192




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« Reply #7 on: May 09, 2012, 08:44:49 PM »

Consult with a REAL ESTATE LAWYER from the area before you sign anything. An ARRL VC can point you in the right direction, and possibly ven do the work for you.
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WX7G
Member

Posts: 6136




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« Reply #8 on: May 10, 2012, 06:43:44 AM »

My unofficial "rules" for operating from an apartment:

Don't tell anyone you're a ham
Don't have ham antennas on your vehicle
Keep your antennas inside your apartment or disguised on the balcony (I.E. flagpole)
Use a balanced antenna to reduce common-mode current in the apartment AC wiring (use an MFJ-933 loop tuner)
Run QRP if you get word that others in the apartment complex are experiencing TVI when you're on the air
Run CW or digital modes
Wear headphones (so other apartment dwellers don't associate your voice with TVI)
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WB2WIK
Member

Posts: 20612




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« Reply #9 on: May 10, 2012, 10:15:11 AM »

As far as I know all new neighborhoods restrict antennas. Some even have a CC&R clause forbidding FCC part 15 transmitters (amateur transmitters).

".....forbidding FCC part 15 transmitters (amateur transmitters)" ..... AND I would take that to  mean NO microwave ovens, NO garage door openers, NO wireless home phones, NO wireless RF remote controls for TV, satellite and cable boxes, NO nursery/baby monitors, etc., etc. Boy, I bet those neighborhoods are RF quiet as the proverial graveyard!!!

Amateur radio transmitters are not covered by 47 CFR Part 15, at least not because they're transmitters.  They must be certified to meet Part 15 mostly because they have frequency agile receivers, same as scanners and lots of other appliances.  There is no certification requirement for amateur radio transmitters per se.

Disallowing radio transmitters as a covenant or HOA By-Law can be tossed out by the courts easily, as it's overstepping authority given only to the FCC.  I don't know of any case anywhere that a court maintained such a restriction in favor of an HOA.

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N2EY
Member

Posts: 3895




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« Reply #10 on: May 10, 2012, 01:27:38 PM »

IMHO:

1) You need a qualified Real Estate attorney who understands exactly what you want to do. Do not assume a particular attorney is qualified; let him/her prove it to you. If you have to explain more than a little bit about antennas and ham radio, find another attorney.

2) Assume that no antennas are allowed until you have positive written proof that they are.

3) Do not take anyone's verbal assurances. Only written stuff matters.

4) Know all the limitations and rules before you make an offer. Assume nothing.

5) Make your own measurements and keep your own copies of everything.

Remember:

- Most of those in Real Estate don't make any money until a sale happens.
- So most want the sale to happen as fast as it can
- Once you sign on the line, it's usually a done deal.

73 de Jim, N2EY

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