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http://www.eham.net/ehamforum/smf/index.php?topic=78862.0Full Discussion here…
http://www.eham.net/ehamforum/smf/index.php?topic=78862.0i had an interesting thought. what if the said licensed ham is disabled and housebound either because of a mental or physical disability. it can be argued with testimony from a licensed doctor that this is a tool to help with said disability in as such can be used to help the disabled stay in contact with a social base in an effort to ease the depression and isolation incurred from the disability.
can the homeowner/renter sue under the ADA and be granted the installation of antenna’s for his/her federally licensed activities as an aide to help cope with their disability?
I know it can be applied to pets and other devices much more intrusive on neighbors than a ham antenna.
just an interesting thought i have had for a while now.
Total posts : 45366“can the homeowner/renter sue under the ADA and be granted the installation of antenna’s for his/her federally licensed activities as an aide to help cope with their disability?”
Good question, one that most likely would be answered in a court.
I would take a wild guess and say that if argued adequately, and perhaps even recommended by the patient’s doctor/s, it could be ruled that on a case by case basis, regardless of what the homeowner’s association or neighbor’s little pity gripes, an antenna structure would be allowed.
Thing to realize with this scenario is just how much people care about others and their more pressing needs over property value (that’s a laugh) and pretty lawns.
IMO…those who do not consider others are purely selfish. And perhaps it would be time to consider moving to a more friendlier neighborhood.
RFB
Total posts : 45366I have always held the point of view that small quasi-governments like Home Owners Groups cannot legislate in reverse of laws put in place by real governmental units, local, state or federal. For example, the Home Owners could not agree that holding cock fights on Friday night is legal.
I believe FCC rules, for example SUPERCEDE any toy “laws” made by Home Owners Groups WHO ARE NOT TRAINED IN LAW MAKING NOR IN RADIO/ANTENNA SCIENCE.
If it’s a “covenant,” an agreement among homeowners, I maintain that a member may send written notice that they DO NOT agree to a particular agreement within the written covenant.
I would not trust an attorneys opinion nor the opinion of a town official in these matters. Their knowledge is often just as phony and made up or serving of special interest as a common person and they are often “mistaken.”
Courts are also well known for “getting it wrong.”
Solution? Try written notice, get turned down, threaten legal action, if they act tyranical, file a law suit.
Your original idea of using handicapped law is a good ploy. That could get them to shift their arrogant (rhymes with ignorant) position.
Total posts : 45366problem is in many area’s ,especially those where municipalities have mandated new subdivisions have them, HOA’s have become Defacto Private Governments not bound by the same constitutional laws as Municipal, State, Federal have to. see what they are up to? read between the lines.
Total posts : 45366some hoa’s have gotten so nosy as to even try to regulate transmitters who’s antenna and transmit unit reside within the confines of your walls and even have someone come snoop around regularly to enforce such rules.
i’m not kidding, you can’t make this stuff up.
some of them have degenerated that far into Marxism!!!!
Total posts : 45366You just hit the nail on the head.
Some have to stick their noses where they do not belong just to “feel” they are worth something or a part of something.
They are so sure of everything that nothing else applies other than their own self….until the reaper of real life woes comes knocking at their door then their tune changes dramatically.
It is all about consideration for your fellow human being.
But there are those who just cannot understand that and have a better understanding of having a pretty white picket fence yard and birds chirping and sunshine and anything outside of that barrier has no relevancy to anything other than it is “ruining” their re-sale value.
I suggest to them that they pay attention to the real estate market and discover that it is not just the dollar bill that is in decline. That means that your precious property value is also decreasing in value because its value is based on a currency that is devalued!
Then again, sometimes the simple is too simple for the simple minded.
RFB
Total posts : 45366I seem to recall a couple years ago a post was made here that spotlighted a ham operator in an similar situation. He was i believe in a HOA neighborhood, the hoa frowned upon antennas but this guy showed the hoa and his neighbors that since he is a federally licensed ham, the hoa would have to answer to the f.c.c. since the ham operator is a valuable asset in times of emergency. And he stated the hoa would have to challenge the f.c.c. in court if they wanted this guy to remove his antenna’s.
As far as i know, he won which is why this story made it on the news on t.v. and someone presented this newscast on Youtube.
In short, when you hold a license of any kind in communications, be it am/fm/sw or ham you are licensed by the federal government not by some local gov’t wanna-be’s.
I’ll look around and see if i can dig up that newscast then post it here.EDIT: i haven’t had much luck finding that video on youtube but found this from the fcc:
http://www.leg.state.nv.us/NRS/NRS-278.html#NRS278Sec02085However, if you signed any contracts or agreements with the HOA it will be even harder to fight this. Especially if you inadvertently signed the papers without fully understanding the fine print. More than likely “no antennas” is one thing you unknowingly agreed to.
Total posts : 45366“within the confines of your walls and even have someone come snoop around regularly to enforce such rules.”
How rude. Why on earth would anyone want to sign up for such a Nazi’ish organization anyway? Is it that important these days to become involved with groups that have absolutely no interest in the true meaning of community but rather dictator style closed circle pick and choose special interest interests?
Sure there are “some” benefits…but really are they worth all this trouble?
Aren’t there enough more pressing problems facing society than some childish squabbles over an antenna on your property that has no more effect upon anyone else than those ugly utility poles with dangling ugly wires and grey filthy transformers?
Oh..its ok for those to be there because they are needed. Fine..what about your needs? That should be the real question followed by a real answer.
Hope it all gets worked out.
RFB
Total posts : 45366your not even safe if you live in a non HOA neighborhood. HOA’s are annexing older non HOA area’s at an alarming rate. all it takes is a majority of your neighbors to want one and bam your in weather you like it or not. nd it is becoming impossible to buy even a new home on a large lot because governments require all new homes built have an HOA attached with corresponding CC&R’s.
it takes the load off of them. all they need to do is collect taxes on top of the fees you pay to the HOA and they don’t have to worry about maintaining infrastructure or handling neighbor disputes.
not a matter of willingly moving in to them it kind of by subtle forcefulness and i’m sad that most hams take the attitude of you signed the contract. it’s like they along with government are not looking 10-15 yrs down the road when you wont find any place outside of an HOA that isn’t a crime riddled crack ghetto.
they want the poor and disabled to either go away and die or live in their so called place with the rest of the poor anbd disabled which relegates you to usually the aforementioned ghettos. the plan for the working public is to shut up pay your taxes, work, come home, sleep and have no hobbies, freedoms, or rights except to just pay your taxes, work and sleep. they want everyone stacked in modular home and apartments all driving similar looking vehicles with no personalization and no individuality. they start early in the schools little john or jane doesn’t swallow the brainwashing and has an opinion other than the teachers, oh he/she has ODD, ADD, ADHD, BPD time to bring out the pharmaceuticals and psychotherapy to tame their individuality!!!!
this has been in the works since the 50’s. rod serling and all those sci fi visionaries were not that far off in their assumptions of what future life would be like.
I recommend people Watch 1984, The Colony (1995 Made for TV Movie Starring John ritter), original twilight zone. these all predict what life would be like now with startling accuracy.
Total posts : 45366Yeah I remember when that very stupid bill was passed requiring homes fit a specific set of federal regulations, and to give it that extra kick, they charge the homeowner the costs of the inspectors to come in and inspect. And if you do not pass something, they tag you for a violation, and to put more sweet icing on that BS cake, they charge you a penalty for each day you remain in YOUR home with the violation!
And that violation could be something as ridiculous as the windows not being 100 percent wind/weather proof, or a tiny drip leak on your swamp cooler water line, or a very stubborn section of your yard that always seems to sprout those common garden and yard weeds. Oh should I throw in violation and fines if your kid decides they want to put up a lemon aide stand?
I feel for your situation Robert. I think its BS and has no place in a free and democratic society. That kind of thumb over the head belongs in the old Soviet Union or Nazi fascist police state, NOT in the USA.
What was once “serve and protect” and “in the public interest” is no longer those things. They have become the exact opposite of what they truly mean. And to have a group of fellow ham’s turn their backs on you and spout contracts and signatures are not any better than the instigators of police state.
As the old saying goes…you truly do find out who your real friends are when the times get tough.
Going along to get along is NOT the American way of life. Some need to re-learn the meaning of “INDEPENDENCE” and “FREEDOM”, and might want to review “DEMOCRACY” while they are at it too. And make sure that they use a REAL dictionary and not these new blank lines fill in your own definition issues.
RFB
Total posts : 45366i ever get rich i’m building a house waaaayyyyyy up in the rockies where no one can bother to cram in an HOA and i can put up what ever the F@#% i want and where my driveway is measured in miles with a large property measured in tens of square miles, lots of radio gear, be totally self reliant and offgrid with utilities and food and lots of self protection and where i can tell most of these wanna be fascist dictators where they can stick there CCR’s and Restrictions.
i want a 200ft tower with quad stacked moonrakers. i can have it, want to walk out my door drop a line in a small river and catch my lunch or dinner heck yea. want to go out in my property and clock a dear definitely for dinner over the next few weeks i can have at it. all with no mamby pamby whiners to try and tell me i can’t!!!!
pray i invent something and get multibillionaire territory and i can tell my honey where moving and she no longer has to work unless she wants to.
Total posts : 45366Some of those dictators around the neighborhood might also be radio listeners. Ironically the radio inspires them to attempt conquering the world, one household at a time.
But the isolated mountain sure sounds good.
Total posts : 45366I thought about Carl’s post with the LW network and lack of programs for it to date.
Perhaps this situation Robert is going through may be something to base a program on for the LW network.
No doubt there are a ton of other folks going through something similar.
Exposure is the first step to wide awareness.
Just a thought.
RFB
Total posts : 45366“i’m building a house waaaayyyyyy up in the rockies where no one can bother”
Indeed. Seems that such isolation extremes may be required just to live in mere peace.
Well if this type of suppressive policy persists by HOA or any other high horse group, sooner or later enough people are going to be pushed too far and they are going to push back with a vengeance. Your home is your castle and your retreat from everyone and everything.
What they are putting you and no telling how many thousands if not hundreds of thousands of others through is not the American way of life.
And soon, as their grip gets tighter and tighter, the more people will begin to slip through their fingers and fight back.
When people get angry, especially a lot of them, there is no telling how things would turn out.
One thing is for sure Robert. When the grid goes down, when the useless corporate tv and radio silences to static and white noise, when the telephones are dead and cells have no bars, and the all mighty EAS/EAN/CAP crap fails miserably in its simple task of warning people, these holier than thou idiots will be begging for information and wondering what to do and be all besides themselves running around like chickens with their heads cut off. They will wish they had let you put up that antenna.
Then at that point tell them too little too late, while you maintain contact with hand held portables and repeaters keeping updated.
Then just to show them how human you are, pass on the information to them and remind them that rainy days are never a scheduled thing.
RFB
Total posts : 45366Alex Jones reports that the wilderness is no longer a peaceful solitary place. According to his experience forest rangers are popping up two-at-a-time and are no longer friendly as they once were. They come on like drill sargents looking for something to fault you for.
Reflecting on RFB’s idea of a LW Network program about wilderness living, I thought of how perfect long wave would be to broadcast from one wilderness location to other wilderness locations. That could be the future of long wave. Radio from the deep woods; radio from the high mountain. The opposite of city radio.
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