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Author Topic: West Virginia law and HOA's  (Read 36106 times)
WB4MDX
Member

Posts: 11




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« Reply #45 on: January 08, 2014, 05:08:35 AM »

TIME  TO SHOW THEM THEIR ERRORS.  I DOUBT IF THE FCC LICENSED SERVICES ARE WILLING TO LET THEM REGULATE THIS
1. No exterior antennas, aerials, satelite dishes or other apparatus for the transmission of tv, radio, or other signals of any kind shall be installed, maintained, or USED upon any portion of the Properties

SO THIS MEANS NO CELL PHONES PERMITTED, NO EMS COMMUNICATIONS PERMITTED, NO POLICE FIRE OR ELECTRIC COMPANY COMMUNICATIONS PERMITTED.  THEY HAVE DECLARED THIS NEIGHBORHOOD A RF FREE ZONE. NO REMOTE THERMOMETERS, METER MONITORS PERMITTED, OR PACEMAKER TELEMETRY PERMITTED, NO WIRELESS NETWORKS PERMITTED, NO BLUE TOOTH WIRELESS SPEAKERS, NO WIRELESS PHONES.

TELL THEM THEY MUST ENFORCE ALL OF THESE AND THAT THE FCC WILL BE NOTIFIED OF YOUR PROBLEM WITH THEM. 

I THINK THEY WILL SUDDENLY SEE THEIR ERRORS OR I WOULD ASK THE FCC FOR AN OPINION IF THEY HAVE THIS AUTHORITY.

SEE WHAT THEIR RESPONSE IS.
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HURRICAINE
Member

Posts: 0




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« Reply #46 on: January 08, 2014, 06:18:20 AM »

So I am seeking advice on how to interpret the below WV statute due to living in a HOA hell.

So WV laws states the following:

ยง8-12-5d. Regulation of amateur radio antennas.
 (a) Any municipal ordinance or order concerning the regulation or placement of amateur radio antennas must:
 (1) Comply with all Federal Communications Commission regulations and its rulings and orders;
There are height restrictions on the books for CB radio.  These rules were written when the CB radio was still a functioning radio service.  The rules made a lot of sense, if you were only allowed to put your antenna 36' high, and you needed to have your antenna 36' off the ground to work properly, it set a ceiling that most people would want to be at, because most average people with no knowledge of how radio works would figure that height must have something to do with it working better.
 (2) Reasonably accommodate amateur radio communications; and
Reasonable accommodations probably means that you would be allowed to put up a simple wire dipole antenna or a simple vertical antenna so you could get on the air.
 (3) Represent the minimum practicable regulation to accomplish the municipality's legitimate purpose.
 (b) Nothing in this section shall be deemed to prohibit a municipal governing body from taking action to protect or preserve historic buildings, structures, sites and districts that have been established by federal, state or local law.

However, the HOA documentation for my neighborhood states this:

1. No exterior antennas, aerials, satellite dishes or other apparatus for the transmission of tv, radio, or other signals of any kind shall be installed, maintained, or USED upon any portion of the Properties.

2. The restriction of paragraph (1) above shall not apply to the installation, use, and maintenance of antennas used to receive video programming signals, to the extent that installation, use, and maintenance of such antennas are protected by the federal Telecommunications Act of 1996, as the same may be amended, (hereinafter "protected Antennas" provided, however, that prior to installing such antennas, an Owner must submit a written request for the installation, maintenance, and use of such antenna to the Board or Committee appointed by the Board for such purpose.

And it just keeps going...

So my question is does anyone think that I have a snowballs chance in hell in using the WV statute to supersede this HOA crap so that I can put up a HexBeam?

Any legal advice would be greatly appreciated.

73'

So why did you move there?

The solution is simple - MOVE!
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AC7DX
Member

Posts: 77




Ignore
« Reply #47 on: January 08, 2014, 05:30:11 PM »

TIME  TO SHOW THEM THEIR ERRORS.  I DOUBT IF THE FCC LICENSED SERVICES ARE WILLING TO LET THEM REGULATE THIS
1. No exterior antennas, aerials, satelite dishes or other apparatus for the transmission of tv, radio, or other signals of any kind shall be installed, maintained, or USED upon any portion of the Properties

SO THIS MEANS NO CELL PHONES PERMITTED, NO EMS COMMUNICATIONS PERMITTED, NO POLICE FIRE OR ELECTRIC COMPANY COMMUNICATIONS PERMITTED.  THEY HAVE DECLARED THIS NEIGHBORHOOD A RF FREE ZONE. NO REMOTE THERMOMETERS, METER MONITORS PERMITTED, OR PACEMAKER TELEMETRY PERMITTED, NO WIRELESS NETWORKS PERMITTED, NO BLUE TOOTH WIRELESS SPEAKERS, NO WIRELESS PHONES.

TELL THEM THEY MUST ENFORCE ALL OF THESE AND THAT THE FCC WILL BE NOTIFIED OF YOUR PROBLEM WITH THEM. 

I THINK THEY WILL SUDDENLY SEE THEIR ERRORS OR I WOULD ASK THE FCC FOR AN OPINION IF THEY HAVE THIS AUTHORITY.

SEE WHAT THEIR RESPONSE IS.


The only thing the FCC will do is make them work with OTARD for satellite use. HOA is a private contract and the city, county and FCC can not and will not overide it. Move if you dont like the rules. You knew or should have know when you bought..
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