Home › Forums › temp › Getting around neighborhood rules on outside antennas › HOA, antennas, freedom of speech
Total posts : 45366
I know of a Ham Operator who successfully persuaded his HOA to allow an antenna because it was in the public interest (emergency communications).
More importantly, they accepted his lawyer’s argument that his installation was afforded constitutional protection under freedom of speech laws. Apparently this was tried before in court, and the radio operator had won.
FCC Part 15 is a federally mandated entitlement. The HOA might back down if it’s called to their attention that such restrictions might be ruled unconstitutional. No HOA wants to go to court or even have their documents subjected to scrutiny. No telling what else might be ruled against them. They may not want to go there. Good luck whatever you come up with.