Any CCR that prohibits all antennas or all except a small dish are in
violation of the 1996 (?) Telecommunications Act. Depending on your state
and local laws - that sentence, paragraph or the entire CCR may be in
violation.

As a Chief Engineer of a TV station, we used that ACT to force HOAs to
accept outdoor TV antennas. I wasn't a Ham in those days so never had the
opportunity to test compliance. No HOA balked once they were sent a copy of
the relative parts of the Act.

73
George AI4VZ

On Tue, Jun 29, 2021 at 12:44 AM John Marvin <jm...@themarvins.org> wrote:

> Luckily for you, they were not aware of the FCC OTARD rules which
> absolutely override covenants with respect to small satellite antennas,
> rooftop TV antennas, and wireless ISP/cell dishes/antennas. However, the
> OTARD exemption does not cover ham radio antennas (there have been bills
> to try to add an exemption for them, but none have succeeded). No HOA
> has succeeded in challenging these rule, although many have tried.
>
> John, AC0ZG
>
> https://www.fcc.gov/media/over-air-reception-devices-rule
>
>
> On 6/28/2021 8:32 PM, eda...@aya.yale.edu wrote:
> > I confess to having done something similar, though I used a jiu-jitsu
> move
> > rather than rational argument as Phil did.  Within five or so years of
> > moving in I became the President of the HOA (because no-one else wanted
> it)
> > and, like Phil, after six or seven years of it (because still no-one else
> > wanted it) I quit and wouldn't do it again for love or money either.
> > However, during my tenure I pointed out at a meeting of the HOA that our
> > covenants had an absolute no-external-antenna rule, yet about half of the
> > garages in the association had two-foot diameter satellite TV dishes on
> the
> > roof (this was the early 2000s.)   Under the existing covenants, they
> would
> > all have to go.  Either that, or to protect them we could amend the
> > covenants by just deleting the no-antenna rule entirely.  The vote was
> > unanimous.
> >
> > Ted, KN1CBR
> >
> > -----Original Message-----
> >
> > Date: Mon, 28 Jun 2021 15:25:15 -0700
> > From: Phil Kane <k2...@kanafi.org>
> > To: elecraft@mailman.qth.net
> > Subject: Re: [Elecraft] HOA Crap
> > Message-ID: <ec600765-1828-78e0-40f1-c4c8b7066...@kanafi.org>
> > Content-Type: text/plain; charset=utf-8; format=flowed
> >
> > That's where I was when we moved into a brand-new condo in California
> > in1988.  At the time the "Board" was the developer, and I scored a
> > meeting with their VP-engineering.  Spoke to him engineer-to-engineer
> > and got approval for several VHF/UHF antennas on the roof.  When the
> > Board was turned over to the owners I made sure that I was on the new
> > Board and I drafted a Memorandum of Ratification that covered more
> > antennas including a long wire with secured access to the roof.  The
> > other two Board members were too dumb to do anything but approve it.
> > Even after I was off the Board in a power play the antennas stayed there
> > until we moved in 1999.  Note - I have no intention of serving on a
> > Condo or HOA Board again even for a sack of gold.....
> >
> >
> > 73 de K2ASP - Phil Kane
> > Elecraft K2/100   s/n 5402
> >
> >   From a Clearing in the Silicon Forest
> > Beaverton (Washington County) Oregon
> >
> >
> >
> > ------------------------------
> >
> >
> > ______________________________________________________________
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