Originally Posted by Shark Bait
We talked about that a little in the class Nathaniel did for us. There is a variance for "towers" because of cell phone systems. Any Ham tower like that one should be covered. Now, I'm sure everyone around you would be thrilled when you put it up.
But supposedly one could get away with it.
I should elaborate. HOA's are private
contracts that are not covered by the PRB-1. PRB-1 is the FCC declaratory ruling requiring that local zoning laws must reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. HOA's are under a different class known as CC&Rs — Covenants, Conditions and Restrictions. CC&Rs are usually added to the deed by the original non-government restrictions of the property when it was initially sold. CC&Rs remain on the deed even when it is transferred to another party through resale. The FCC has been very clear that PRB-1 does not cover CC&Rs
, as they are a private contract, not public policy issues. As of now, PRB-1 won’t be of help to address CC&R issues.
The practical bottom line when dealing with CC&R cases is that the amateur is often in a weak negotiating position. Short of getting the HOA to change or waive the restriction, you probably are going to have to rely on alternatives to pursue Amateur Radio from your home in a CC&R situation.
Which means they got you, now you have to follow their rules. They have the acronym of NIMBY(Not In My BackYard) when it comes to HOA's and neighbors with towers.
I may call the guy about the tower. Good thing for me is that we(Bruce and I) have been putting in an radio and tower at work. One more tower won't bother too many poeple out there. I'll take you up on your offer, Brian, if I do go get it.