Pages: 1 [2] 3 4 5 6 7   Go Down

Author Topic: HOA RULES and Regulation  (Read 3724 times)

K4FMH

  • Member
  • Posts: 681
Re: HOA RULES and Regulation
« Reply #15 on: April 26, 2021, 06:44:28 PM »

It must be primitive living in that HOA - no cell phones, no Bluetooth, no WiFi, no AM/FM radios, no "atomic" clocks, no wireless security systems, no remote car fobs, no keyless cars, no remote garage door openers, no weather radios, no Chromecast and no microwave ovens.

Fun.

- Glenn W9IQ

Glenn,

I’m waiting on an equal protection case by challenging the selective enforcement on ham antennas (antennae, lol). It would establish case law for other court challenges…in the long run, negating no antennae regs bc it would prohibit too broad of a swath on the neighborhood.

Frank
K4FMH
Logged

VE3TMT

  • Member
  • Posts: 1176
Re: HOA RULES and Regulation
« Reply #16 on: April 26, 2021, 07:10:31 PM »

Funny, the hams living in The Florida Villages HOA seem to do quite well!  Check their "resources" page...  www.K4VRC.com

A little too much fried chicken going around at those meetings.
Logged

W9IQ

  • Member
  • Posts: 8866
Re: HOA RULES and Regulation
« Reply #17 on: April 27, 2021, 09:40:08 AM »


Glenn,

I’m waiting on an equal protection case by challenging the selective enforcement on ham antennas (antennae, lol). It would establish case law for other court challenges…in the long run, negating no antennae regs bc it would prohibit too broad of a swath on the neighborhood.

Frank
K4FMH

Frank,

I think a more interesting test case would be a ham that puts an antenna inside of an HOA approved flag pole and gets fined by the HOA for violating their no antennas rule.

- Glenn W9IQ
« Last Edit: April 27, 2021, 09:44:42 AM by W9IQ »
Logged
- Glenn W9IQ

God runs electromagnetics on Monday, Wednesday and Friday by the wave theory and the devil runs it on Tuesday, Thursday and Saturday by the Quantum theory.

KG4RUL

  • Posts: 3781
    • HomeURL
Re: HOA RULES and Regulation
« Reply #18 on: April 27, 2021, 01:21:30 PM »

OMG!  I am looking at my WIFI router.  It has two antennas.  My wireless weather station has an antenna.  Would they be banned by a Florida HOA?   

Brings to mind that old story:

Man pounding on counter at store - "I want to see someone with a little authority"!

Clerk behind the counter replies - "You may as well talk to me as I have as little authority as anyone here".

That sums up the average HOA board.
« Last Edit: April 27, 2021, 01:24:13 PM by KG4RUL »
Logged

K1VSK

  • Member
  • Posts: 1949
Re: HOA RULES and Regulation
« Reply #19 on: April 30, 2021, 06:42:51 AM »

OMG!  I am looking at my WIFI router.  It has two antennas.  My wireless weather station has an antenna.  Would they be banned by a Florida HOA?   


No.
Logged

W9IQ

  • Member
  • Posts: 8866
Re: HOA RULES and Regulation
« Reply #20 on: April 30, 2021, 06:51:43 AM »

I would say that in some HOAs, the weather station may be banned as a matter of standing rules but you might be successful in applying for an exception.

The WiFi and other examples were to simply point out the overreaching construct of actual rules i.e. a difference of intent vs. promulgation.

- Glenn W9IQ
Logged
- Glenn W9IQ

God runs electromagnetics on Monday, Wednesday and Friday by the wave theory and the devil runs it on Tuesday, Thursday and Saturday by the Quantum theory.

K7JQ

  • Member
  • Posts: 2602
Re: HOA RULES and Regulation
« Reply #21 on: April 30, 2021, 07:29:19 AM »

*Generally*,  you'll only have a problem with the HOA if your (ham) antennas are visible to others (aesthetics) and/or pose a safety risk. Although not as good as a tower and yagi, stealth antennas can still be quite effective (and obviously won't pose a safety issue).

The HOA isn't gonna bang down your door and see if you have a station, inspect your attic, or check your backyard for antennas below a (solid) fence line.

The important thing to remember is that CC&R antenna restrictions are HOA enforceable, so plan your antenna(s) accordingly to hinder their, or neighbor's, chances of observation.
Logged

K1VSK

  • Member
  • Posts: 1949
Re: HOA RULES and Regulation
« Reply #22 on: April 30, 2021, 07:39:38 AM »

*Generally*,  you'll only have a problem with the HOA if your (ham) antennas are visible to others (aesthetics) and/or pose a safety risk. Although not as good as a tower and yagi, stealth antennas can still be quite effective (and obviously won't pose a safety issue).

The HOA isn't gonna bang down your door and see if you have a station, inspect your attic, or check your backyard for antennas below a (solid) fence line.

The important thing to remember is that CC&R antenna restrictions are HOA enforceable, so plan your antenna(s) accordingly to hinder their, or neighbor's, chances of observation.


Perhaps those among us who actually believe some of the nonsense here can cite some examples of or provide any evidence demonstrating application of a rule limiting antennas to WiFi devices, garage door openers, cordless phones, etc...

There must be at least one, right?
Logged

K7JQ

  • Member
  • Posts: 2602
Re: HOA RULES and Regulation
« Reply #23 on: April 30, 2021, 08:19:26 AM »


Perhaps those among us who actually believe some of the nonsense here can cite some examples of or provide any evidence demonstrating application of a rule limiting antennas to WiFi devices, garage door openers, cordless phones, etc...

There must be at least one, right?

Hopefully, those who made those comments were doing so with tongue-in-cheek ;). If not, then we have those who still believe in Santa Claus, Easter Bunny, and the Tooth Fairy ::).
Logged

WA9AFM

  • Member
  • Posts: 978
Re: HOA RULES and Regulation
« Reply #24 on: April 30, 2021, 08:20:53 AM »

Funny, the hams living in The Florida Villages HOA seem to do quite well!  Check their "resources" page...  www.K4VRC.com

Several years ago while on a cruise, I met a ham who lived in "The Villages"; they have a very active amateur radio community.  He commented they make quite a game out of hiding antennas from the HOA folks.  In one case, he related how a ham put up a vertical, a Hustler I believe, right in the middle of his front yard.  It sat there for several weeks before the HOA crew spotted it.....hiding in plain sight?


Logged

K7JQ

  • Member
  • Posts: 2602
Re: HOA RULES and Regulation
« Reply #25 on: April 30, 2021, 08:46:29 AM »

Funny, the hams living in The Florida Villages HOA seem to do quite well!  Check their "resources" page...  www.K4VRC.com

Several years ago while on a cruise, I met a ham who lived in "The Villages"; they have a very active amateur radio community.  He commented they make quite a game out of hiding antennas from the HOA folks.  In one case, he related how a ham put up a vertical, a Hustler I believe, right in the middle of his front yard.  It sat there for several weeks before the HOA crew spotted it.....hiding in plain sight?

I'm surprised a neighbor didn't say something before that. HOA "crews" don't cruise the neighborhood every day. Either he didn't read the CC&R's, or didn't give a hoot about them. He deserves what he got if told to remove it. As I said...he didn't "plan accordingly".
Logged

WA9AFM

  • Member
  • Posts: 978
Re: HOA RULES and Regulation
« Reply #26 on: April 30, 2021, 10:02:00 AM »

He know exactly what he was doing.  His intent was to find out how long it would take for someone to notice.  According to the gentleman I met, the hams in "The Villages" are always pushing the envelope.
Logged

K7JQ

  • Member
  • Posts: 2602
Re: HOA RULES and Regulation
« Reply #27 on: April 30, 2021, 11:09:54 AM »

He know exactly what he was doing.  His intent was to find out how long it would take for someone to notice.  According to the gentleman I met, the hams in "The Villages" are always pushing the envelope.

Although it's not as labor/cost intensive as a tower, it still seems like a lot of needless work, knowing he'll get caught sooner or later with the antenna in plain view in the front yard. These "Villages" hams pushing the envelope "game" to see who gets caught doesn't make a lot of sense to me. If nothing else, it puts the HOA on notice that the guy is a ham, and they'll (and the neighbors) further scrutinize his property for future stealth endeavors.

I believe The Villages is a senior retirement community. I guess those old duffers have nothing better to do with their time and effort than piss off the HOA ;). But kinda counter-productive thinking to me ::).

Hey, don't rag on me...I'm also an old duffer (75) with stealth antennas in an HOA community, so I'm allowed to rag on them ;D.
Logged

N0GV

  • Posts: 627
    • HomeURL
Re: HOA RULES and Regulation
« Reply #28 on: August 24, 2021, 12:27:20 PM »

Moral of this story -- don't live in Condo-HOA Nazi land.....

Logged

K4FMH

  • Member
  • Posts: 681
Re: HOA RULES and Regulation
« Reply #29 on: August 24, 2021, 12:58:53 PM »

It must be primitive living in that HOA - no cell phones, no Bluetooth, no WiFi, no AM/FM radios, no "atomic" clocks, no wireless security systems, no remote car fobs, no keyless cars, no remote garage door openers, no weather radios, no Chromecast and no microwave ovens.

Fun.

- Glenn W9IQ

Spot on, Glenn!

Legally, HOAs can make any CC&Rs they legitimately make through their Bylaw process. Enforcing said CC&Rs is another matter. HOA Boards tend to blister and browbeat home owners. Until they, or their liability insurance carrier, gets hit in the pocketbook by court costs on their end and for the homeowner by a sitting Judge.

Should the OP ask the HOA in writing how they enforce this covenant, s/he will likely not get a response. Document the many antennae (!) not related to amateur radio in the neighborhood, including wireless security systems (take pics of the yard sign or entry stickers of them), get the Directory of cell phones for each homeowner, any outdoor weather stations, and so forth.

Send a letter to the HOA stating your intent on having a small satellite dish confirming to the OTARD regs, citing those regs in your letter. Wait until you get a reply. If not, proceed. Their attorney has told them that they will lose but do not wish to contest it because it would nullify their covenant. If you do, reply back with a printout of OTARD attached with your declaration of your intent to proceed.

If they continue to pursue the convenient enforcement, likely citing their attorney says …., give them another 30 days, then file a claim in your local Circuit Court, suing the HOA and its Board for this action, requesting that the covent is (a) not being uniformly enforced across all types of antennae, (b) they lack the legal authority to enforce it against satellite dishes conformal to OTARD and that in good faith you have specified such to them, and (c) a request for the HOA to reimburse your court costs encumbered to enjoy your property under OTARD.

HOA Boards need, imho, a good law suit every few years to keep them in the boundaries of their CC&Rs and to question those that are not legitimate by virtue of other laws or regulations.

Remember, we hams can bitch and moan on social media about these matters but that won’t change things. Protect your rights.
Logged
Pages: 1 [2] 3 4 5 6 7   Go Up