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Author Topic: Found my dream home...  (Read 2661 times)

AC7CW

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Found my dream home...
« on: September 24, 2019, 03:11:22 PM »

I'm looking at a house. The CC&R's actually say "no antennas" so that is an easy win. Further, I can easily show that other items in the rules are not being enforced. I'm wondering if they will want to crack down on everybody when I put up some antennas... Also, if I have to employ the Federal law, wondering if a hexbeam can be seen as what it takes to accomodate my station...
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Novice 1958, 20WPM Extra now... (and get off my lawn)

KD4ALY

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RE: Found my dream home...
« Reply #1 on: September 24, 2019, 05:12:12 PM »

Or if they don't like a hexbeam, will they actually allow a dipole or two with 18 gauge wire which is nearly invisible? 
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W9FIB

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RE: Found my dream home...
« Reply #2 on: September 24, 2019, 06:40:32 PM »

Too bad no law has been passed yet.
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73, Stan
Travelling the world one signal at a time.

W0DLM

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RE: Found my dream home...
« Reply #3 on: September 25, 2019, 05:10:43 AM »

Also, if I have to employ the Federal law, wondering if a hexbeam can be seen as what it takes to accomodate my station...
What federal law? There is no federal law, as yet, that guarantees you anything as regards antennas for your amateur radio station.
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KS2G

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RE: Found my dream home...
« Reply #4 on: September 25, 2019, 05:33:26 AM »

The CC&R's actually say "no antennas" so that is an easy win.

How is that an "easy win"?

Quote
...if I have to employ the Federal law...

What "federal law" would that be?

PRB-1 (not a law, but a regulation) doesn't apply to CC&R's.
The proposed "Parity Act" didn't pass and has been withdrawn.

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W1VT

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RE: Found my dream home...
« Reply #5 on: September 25, 2019, 06:01:30 AM »

There was a law in Hawaii that passed but died on the Governor's desk.
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K7JQ

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RE: Found my dream home...
« Reply #6 on: September 25, 2019, 09:28:01 AM »

I'm looking at a house. The CC&R's actually say "no antennas" so that is an easy win. Further, I can easily show that other items in the rules are not being enforced. I'm wondering if they will want to crack down on everybody when I put up some antennas... Also, if I have to employ the Federal law, wondering if a hexbeam can be seen as what it takes to accomodate my station...

If you want that hex beam, or any ham antenna, not an "easy win" (I don't understand what you mean by that). If the CC&R's state "no antennas", it doesn't matter if other rules aren't being enforced. You are in violation if you erect antennas, and the HOA can enforce THAT rule. You better get clarification before you sign on the dotted line, or you're gonna be very disappointed. As stated before, your "Federal law" (PRB-1) doesn't apply to private land use regulations (CC&R's). Do your due diligence. Your "dream home" doesn't sound like it's ham radio friendly.

73,  Bob K7JQ
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K1VSK

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RE: Found my dream home...
« Reply #7 on: September 25, 2019, 10:40:31 AM »

Due diligence entails understanding what rules, covenants and limitations attach to property purchase. Hopefully, the OP has or will shortly begin to understand the current supremacy HOA rules hold as well as the flexibility inherent in their application. Some confuse the application of judgment (by an HOA) with the appearance of inconsistency.
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AC7CW

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RE: Found my dream home...
« Reply #8 on: September 25, 2019, 10:50:24 AM »

Wow, I thought PRB-1 overrode HOA rules... forgetabout that dream home, nightmare is more like it
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Novice 1958, 20WPM Extra now... (and get off my lawn)

AC7CW

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RE: Found my dream home...
« Reply #9 on: September 25, 2019, 12:40:05 PM »

I'm digging for info so I find that old, forgotten cc&r's can be enforced by anyone on anyone. Usually they are not disclosed early in the buying process... They are part of the title search seemingly.
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Novice 1958, 20WPM Extra now... (and get off my lawn)

AC7CW

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RE: Found my dream home...
« Reply #10 on: September 25, 2019, 01:08:03 PM »

Ok, realtor tells me I can just go to the courthouse and read the deed if I want to be fully informed
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Novice 1958, 20WPM Extra now... (and get off my lawn)

ND6M

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RE: Found my dream home...
« Reply #11 on: September 25, 2019, 01:17:18 PM »

..  edit... The CC&R's actually say "no antennas" so that is an easy win. Further, I can easily show that other items in the rules are not being enforced. I'm wondering if they will want to crack down on everybody when I put up some antennas... Also, if I have to employ the Federal law, wondering if a hexbeam can be seen as what it takes to accomodate my station...

I'm digging for info so I find that old, forgotten cc&r's can be enforced by anyone on anyone. Usually they are not disclosed early in the buying process... They are part of the title search seemingly.

People buying and KNOWING there are CC & R's with the stated intention of ratting out their new neighbors ::)

Kinda makes an average non Amateur draw concussions about the hobby

When you find out that your next door neighbor is the president of the HOA..........You can kiss good bye any possibility of an illegal antenna being allowed.
« Last Edit: September 25, 2019, 01:19:56 PM by ND6M »
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K1VSK

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RE: Found my dream home...
« Reply #12 on: September 25, 2019, 01:55:20 PM »

Wow, I thought PRB-1 overrode HOA rules... forgetabout that dream home, nightmare is more like it
so the difference between your “dream home” and a nightmare is the presence of a hexbeam.

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K7JQ

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RE: Found my dream home...
« Reply #13 on: September 25, 2019, 03:33:29 PM »

Ok, realtor tells me I can just go to the courthouse and read the deed if I want to be fully informed

If the realtor is doing his job, he should be able to provide you with the CC&R's and explain their ramifications, especially if you tell him you're a ham operator and concerned about possible antenna restrictions that you've heard about. That's why they "earn" a commission. The CC&R's are not usually disclosed early in the buying process because no one asks for/about them, or even know such a thing exists. Some deadbeat realtors won't even mention them because it might open up a can of worms, jeopardizing the sale. Even if there is no HOA to enforce the CC&R's and seemingly "forgotten", as long as they exist with a "no antennas" clause, any neighbor that doesn't like your hexbeam can dig them up and force you to remove it. Again...do YOUR due diligence! Don't depend on your realtor.
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W8LV

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RE: Found my dream home...
« Reply #14 on: September 25, 2019, 06:34:25 PM »

Don't put too.much trust in the Realtor, who after all, represents the SELLER.
Instead, (or in addition!) Hire an ATTORNEY to check and keep you in the clear!
It's MUCH cheaper to hire one to stay OUT of trouble, than to get IN trouble.

You're going to need to avoid all of these Antenna Nazis, untill we get some real legislative reform.

Caveat Emptor:

From: "Amateur Radio Parity Act: Setting the Record Straight"

"... 90 percent of new housing starts in the United States are subject to private land-use restrictions. Virtually all of these have provisions that either prohibit outdoor Amateur Radio antennas outright, or else subject amateurs to the unlimited discretion of Homeowners’ Associations (HOAs) which can, and almost always do, reject requests for outdoor antennas (except over the air video delivery antennas, which they can’t prohibit any longer due to Congressional action in 1996) ..."

73 DE W8LV BILL
« Last Edit: September 25, 2019, 06:38:35 PM by W8LV »
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