Noxious or Offensive activities: Ham Radio - AntennaRestrictions Forum at eHam.net

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eHam.net Forum : AntennaRestrictions : Noxious or Offensive activities: Ham Radio

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Noxious or Offensive activities: Ham Radio	Reply
by WA7KGX on October 6, 2009	Mail this to a friend!
A CC&R states in section 5: "No noxious or offensive activities shall be permitted or conducted nor shall anything be done thereupon which may become a nuisance or an annoyance to the neighborhood. The use of said premises shall be residential in nature and no noxious, business, or professional activity shall be conducted thereon." This CC&R does not mention wires, towers, antennas, smoking, lawn mowing, peace signs, or religious displays. The lots are an acre or so, well endowed with trees. Given that anything can be objectionable to anyone, how big a deal would this be for antennas and/or a tower? You can see the layout by referencing RMLS number: 9071987

RE: Noxious or Offensive activities: Ham Radio	Reply
by KG6WLS on October 7, 2009	Mail this to a friend!
Just wait. N5LRZ will most likely set you straight on this one. He has plenty of knowledge for this forum. :) 73

RE: Noxious or Offensive activities: Ham Radio	Reply
by AA4PB on October 7, 2009	Mail this to a friend!
If it is just wire antennas I'd put them up and deal with the complaints if they arrise. If its a tower you want then you proably still have to see what the county permitting requirements are. Since a tower is a big investment of your time and money you don't want someone making you take it down. I expect the HOA would have a hard time doing that if there are no covenants against towers and you have a county permit and inspection certificate.

RE: Noxious or Offensive activities: Ham Radio	Reply
by PULLRAFTT on November 12, 2009	Mail this to a friend!
N5LRZ = CC&R/HOA NAZI!!! HAHA!! -zw

RE: Noxious or Offensive activities: Ham Radio	Reply
by NJSIDEBANDER on November 12, 2009	Mail this to a friend!
I wouldn't call him a NAZI, but he can be a bit crass..

RE: Noxious or Offensive activities: Ham Radio	Reply
by KF7CG on November 13, 2009	Mail this to a friend!
Leaving out all the side shows, Amateur Radio has to the best of my knowledge ever been ruled as Noxious or Offensive by an elected governing body or by a court of competent juristdiction. Now if it gets down to local boards and personalities anything can be noxious or offensive when individual peculiarities become involved. KF7CG

RE: Noxious or Offensive activities: Ham Radio	Reply
by K5ML on November 15, 2009	Mail this to a friend!
I don't believe that particular CC&R can be applied to amateur radio. As a licensed operator you are granted the privilege of having a station in your home by the FCC. No HOA or local government can preempt that. Look for specific CC&Rs that prohibit or restrict antennae. If there are none, check the local city codes to see what they say. If there are none, you are probably allowed to put up an antenna. If you are worried about RFI being declared a nuisance by an HOA, they cannot legally do that. The FCC has made it clear that RFI is a federal issue and only the FCC can regulate such matters. Assuming your station is clean, RFI is caused by defective consumer electronics picking up unintended nearby signals. It is the owner's responsibility to shield, filter or do what it takes to eliminate the RFI from their stereo, intercom, TV, computer etc. Good luck.

RE: Noxious or Offensive activities: Ham Radio	Reply
by KC7YRA on November 16, 2009	Mail this to a friend!
Oh ya, "club foot" LRZ will be in here with his double standard and hypocritical ways. Don't pay him any attention as he is full of crap. If he gets after you, just fire back about his "renting" of women. Then tell him to go be stupid somewhere else as you have you "Moron" filter on. As for the original question. You should just put up an antenna and see what happens. If your lots are so large and tree covered, you should not have any problems making an antenna less visibly impacting. Despite the crap that will flow from LRZs mouth, no death squad will DF you. No experts will be called and come take your house away. If they have a problem, they will come knock on your door and you will have to come up with a solution. Chances are that they will not have a single problem and you will be able to operate freely. Good luck, Brad

RE: Noxious or Offensive activities: Ham Radio	Reply
by W0DLM on November 19, 2009	Mail this to a friend!
"As a licensed operator you are granted the privilege of having a station in your home by the FCC." Exactly. No homeowners association, no city, no county, no state, no local government entity of any kind (at least in the United States) has the authority to ban the use of amateur radios within their jurisdiction. The ONLY agency that has that sort of authority is the federal government, through the FCC. Period. End of story. Of course, other sorts of regulations are perfectly legal. Restrictions on antennas are obvious, and what this particular forum is all about.

RE: Noxious or Offensive activities: Ham Radio	Reply
by WB2WIK on November 19, 2009	Mail this to a friend!
Do you have an HOA? If so, besides checking CC&R's, I'd check the HOA By-Laws carefully. If neither document mentions antennas, I'd think you're free to do what you wish within the limits of local zoning.

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