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View Full Version : FCC Declaratory Ruling vis a vis HOA's



W3WN
07-28-2011, 11:11 AM
OK, this isn't directly Amateur Radio oriented, but I think it's still of interest, especially to those of us who deal with, or know of those who have to deal with, unfair antenna restrictions -- especially ones imposed by HOA fascists.

From today's FCC Digest:
COREY & JUANITA WALKER. Granted the Petition for Declaratory Ruling.
Action by: Deputy Chief, Media Bureau. Adopted: 07/27/2011 by Declaratory Ruling. (DA No. 11-1271). MB
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.txt

In this Declaratory Ruling, we grant a Petition (“Petition”) filed by Corey and Juanita Walker (“Petitioners”) and find that the antenna restrictions of Carriage Homes @ Town Square Condominium Homeowners Association (“Association”) in Virginia Beach, Virginia are prohibited by the Commission’s Over-the-Air Reception Devices Rule, 47 C.F.R. § 1.4000 (“Rule”).
Earlier this year, the Petitioners installed a satellite dish antenna on the balcony of their condominium, completely inside the area within their exclusive use or control and part of the unit that they rented.

After installation, a represenative of the Association contacted the Petitioners and told them to remove the antenna.
The next week, the Petitioners spoke with a representative of the Association’s management company who told them, among other things, that the Association was not governed by Commission rules and that the Petitioners had to remove their antenna.

Finally, according to the Petition and not contradicted by the Association, someone entered the Petitioners condominium and took the antenna from their balcony, leaving the door to the unit open and frightening the Petitioners’ ten year old daughter when she returned home later from school.
We find that the Association’s rules are invalid and unenforceable

K6BSO
07-28-2011, 11:24 AM
I saw that. Unfortunately, those FCC rules only apply to "Over-the-Air Reception Devices ", i.e. DBS dishes and possibly TV antennas and do not include amateur radio antennas.

KJ3N
07-28-2011, 11:25 AM
I saw that. Unfortunately, those FCC rules only apply to "Over-the-Air Reception Devices ", i.e. DBS dishes and possibly TV antennas and do not include amateur radio antennas.

And never will.

W3WN
07-28-2011, 11:34 AM
All true.

However, the interesting parts of that regard the FCC's take on the HOA's various antenna regulations -- what they permit, where, why -- and which ones are invalid. Especially of interest are those regarding what you can do in your "exclusive" area as opposed to what's permitted in the "common" area.

Like I said, not directly related, but it does demonstrate that the FCC has the last word over the HOA. And it helps set a precedent over what an HOA can regulate.

kb2vxa
07-29-2011, 09:34 AM
There is everything wrong with your living arrangement. Do not attempt to receive a picture. We are controlling your lives. If we wish to make you scream louder, we will bring up the volume. If we wish to make it softer, we will muzzle you. We will control your lives. You can roll the your eyes, make them flutter. We can change your focus to a soft blur or sharpen it to crystal clarity. For the rest of your stay here, sit quietly and we will control all that you see and hear. We repeat: there is everything wrong with your living arrangement. You are about to participate in a great adventure. You are about to experience the awe and mystery which reaches from the inner mind to... TOTAL HOA CONTROL!

We find that the Association’s rules are invalid and unenforceable.

OK, now you'll have to take us to court and try to stop us. You'll soon find out how money talks and pee-ons like you walk. Mister landLORD says "This is America where you have the ultimate freedom, the freedom to leave."

"And it helps set a precedent over what an HOA can regulate."
By the time the precedent gets into case law and becomes usable by your lawyer you'll be gone and under the thumb of yet another HOA. The kid's no Pollyanna, he's a realist.

W3WN
07-29-2011, 09:55 AM
And that's why I don't live in an HOA.

W5RB
07-29-2011, 10:27 AM
On the heels of the pseudo-legal breakin , I'd be danged sure that future "visits" were in full view of concealed cameras , preferably with audio too . That would go a long way toward giving the resident a leg up in future "negotiations".

n2ize
07-29-2011, 08:01 PM
HOA's can go shove it AFAIAC.

KC9ECI
07-29-2011, 08:20 PM
On the heels of the pseudo-legal breakin , I'd be danged sure that future "visits" were in full view of concealed cameras , preferably with audio too . That would go a long way toward giving the resident a leg up in future "negotiations".

I think a bullet would fix any future break ins.

N8YX
07-30-2011, 09:38 AM
I think a bullet would fix any future break ins.
I was afeared for my very life!

KC2UGV
07-30-2011, 10:18 AM
I was afeared for my very life!

"It's coming right for us!"

n2ize
08-01-2011, 12:33 AM
Any place that can tell me that I can't put an antenna on my own property which I own is not a place that I would want to live. Its sad that so many people are w9illing to invest money in a home and give up their rights to these HOA mafia's.

W3WN
08-01-2011, 11:42 AM
On the heels of the pseudo-legal breakin , I'd be danged sure that future "visits" were in full view of concealed cameras , preferably with audio too . That would go a long way toward giving the resident a leg up in future "negotiations".I'm glad you brought that up... thanks for pointing that out.

Does the HOA have the rights to enter your home and remove objectionable objects? Even if it's written into the homeowner's association agreement or the purchase contract (if so, another reason why I'd never be in one), is this a right that you can sign away, or that they can mandate? If it's not legal, that could be quite interesting.

And what if they find something further objectionable... or think that they did... especially if it turns out that they DON'T have the right to enter you domicile? "Look officer, we came looking for an illegal transmitter, and we found WHITE POWDER!" (That's flour you imbecile, not cocaine) "And over there... smells like it could be MARY JUANA!" (Fresh oregano, schmuck)

kb2vxa
08-01-2011, 04:38 PM
"Does the HOA have the rights to enter your home and remove objectionable objects?"
No, and no. NOBODY, including the property owner (landlord) may enter a private domicile* without permission of the legal resident. With the exception of clear and present evidence of danger to life and/or property whereupon permission is not required any entry is considered criminal trespass. For the second part of the question the answer is obvious, anyone removing personal property without permission is guilty of theft. If removal takes place during illegal entry it is considered burglary.

* A domicile need not be housing privately owned, any property or portion of the property rented by the legal occupant is considered a domicile and private property.

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