States can pass laws that invalidate CC&Rs.
But not ham radio antenna CC&R prohibitions. Even PRB-1 can't touch them.
Not correct. CC&Rs are adjudicated under state law, typically governed by state statute. As such, a state's legislature can invalidate them, or a portion thereof, if it so chooses.
In Florida, restrictive property covenants are governed under Florida State Statute 720. That chapter was created by the state legislature. With few exceptions, the legislature can take back what it gives, including invalidating part or all of a restrictive covenant.
Paul, W9AC
W9AC - perhaps you know the answer to this:
1) I recall cases where a resident (usually an elderly military veteran) in an HOA community put up a flagpole to fly the US flag, and was told it violated the HOA rules. A legal battle ensued, and the legislature passed a "Right To Fly" law that invalidated the no-ground-mounted-flagpoles HOA rules. True?
2) I recall cases where residents in HOA communities wanted to use clotheslines for their clothes but there were rules against it. Running a clothes dryer uses a LOT of energy, and the result is a "Right To Dry" movement to pass laws ensuring it. True?
3) With the growing number of EVs and home solar installations, will there be battles between residents wanting to have charging stations and/or solar panels and HOAs saying no?
73 de Jim, N2EY