dbdigital said:Not to interrrupt this discussion, but on a different note; the FCC denied the Hams for Action petition which would permit Hams as 'Emergency Communications Operators' to erect antennas in HOAs, thereby overriding HOA bylaws that don't allow such antennas.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-898A1.txt
Too bad, I was hoping that would pass. Well, carry on.
db
That's a difficult legal nut to crack. The FCC Part 97 rules contain limited pre-emption of local zoning ordinances in a "Memorandum and Order in PRB-1" (incorporated into the Part 97 rules in 1989), but it only applies to local government ordinances. The CC&Rs (Covenants, Conditions, and [Deed] Restrictions) that ban Ham radio antennas (and other antennas) are unfortunately out of reach of this FCC protection. So until that changes, RF-loaded rain gutters and hidden magnet wire antennas will reign supreme in the new housing developments. :-(
It would be poetic justice for a Ham Operator living in one of these neighborhoods to be approached by the Home Owners' Association president after a natural disaster cut off all contact with the outside world, and to reply: "Gee, I'd love to help you contact your family, but I can't set up the antenna because it's illegal per the CC&R rules."
-- Black Shire