dicion wrote:chabouk wrote:Many HOAs notoriously ignore the current OTARD law saying they can't restrict reception antennas. I don't they'll pay any more attention to this one, unless there are penalties involved.
Actually, they can if it's in your covenant.
http://www.arrl.org/FandES/field/regula ... l/ccr.html" onclick="window.open(this.href);return false;
The FCC has been very clear that PRB-1 does not cover CC&Rs, as they are a private contract, not public policy issues.
Federal law applies to public entities, not HOA's. The local city cannot say 'no' to you requesting a permit to build an antenna, but a HOA can, based on the property's covenant.
Hmmm...
That doesn't seem to square with the FCC's own FAQ on OTARD. Your ARRL link is dated 1995; the regulations have been updated since then.
http://www.fcc.gov/mb/facts/otard.html" onclick="window.open(this.href);return false;
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area.
