I was a military communications specialist and carried my interest in communications with me when I left the service. I have worked with disaster communications activities and have seen the importance a well organized group of amateur radio operators can make. The cell phone has taken up much of the activities of amateur communications, but in a disaster cell service in frequently interrupted and the amateur is all there is. International disasters depend on amateurs for news and communications. I do not foresee a lessening of importance in amateur communications for a very long time.
I am a Ham (but not very active), a RV'er (Duh), and a staunch opponent of both HOA/CCRs and government interference into private property rights. So where do I stand on this one? I think my Libertarian leanings prevail here. Allow me to explain:
The idea that HOAs have the right to organize and limit/control what happens in their neighborhood makes sense, to a point. Likewise, as an owner of private property, what I do with it is no one else's concern, to a point. Meaning that my individual rights should not be infringed on my private property, (after all, I didn't buy into a Co-Op or other type of group living) unless there is an over-riding public interest. If you want to raise geese in the middle of the development, go for it. If you want to sent up an outdoor pistol range, then maybe the community gets a say as to its existence or construction design. (One reason why I shoot in the basement.) Hope this makes sense.
the operative words here are "over-riding public interest" and as much i'd like it to be, ham radio just doesn't rise to that level. good post.
Interesting logic.. Once you get out of the typical AZ HOA development or mobile home parks of Arizona, and realize that there are entire towns built by developers that are under an HOA blanket, that is an entirely different problem. Out here in Calif, there are plenty of these areas, Valencia being one of them that really took it in the shorts during the 94' quake. What got that side of town up and going were the hams running on the amateur repeaters still running on the local hills outside of Valencia, and RACES members, again runing out of cars because of the blanket HOA in that area. That's just plain stupid and self defeating when the cell switches are all toppled, as well as all landline service. Even the Sheriff had zero communication out of the valley for more than a day with the lone exception of a single packet node at my house 10 miles away.
One can say that's your choice and move somewhere else, but there's often a limit to where one can move vs. where you work.
I am a Ham Radio guy as well... Like a couple of older hams on here since the middle 1950's I guess you can say I have just about done it all in my BVDs...
Fortunately for me I live restriction free... I can still go pee on a tree in my little woods.
With all the restrictions being placed on everything trying to make it fit everyones rights and freedoms probably the next thing we are going to hear is NO Ham Radio antennas on RV's.
My Ham Radio antennas go up everywhere we camp in one form or another... From my whip antennas permanently mounted on the trailer roof to my crank-up screwdriver antenna to an off-center fed wire antenna thrown up between two trees sometimes.
Some call it a hobby but like already said on here for me its emergency communications most of the time with MARS, RACES and SKYWARN and of course checking-in with a bunch of my ham buddies.
My Posts are IMHO based on my experiences - PM me Roy and Carolyn
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I don't live in an area covered by CC&Rs but even in rural Wyoming many of the new sub-divisions that are 5 to 10 acres in size are being sold under CC&Rs that cover just about everything. In a sub-division near Cody, WY they tell you what color you can paint your house, what pitch your roof has to be, it goes on and on. Not just against ham radio. This is a very rural area where you wouldn't expect to find such strict CC&Rs. The owner is having trouble selling the plots. That is the good part of it. I choose not to live under those conditions but like one post mentioned, you may not have a choice, especially in the future as these CC&R sub-divisions increase and consume more farm lands.
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There ARE ways to get around the issue, of course.
We have people using the top wire of fences as a "stealth antenna".
We have people using rain gutters.
We even had one operator using an insulated wire laying in the landscaping rocks (he was renting, and moved out of the restrictive development as soon as he could). Home built Stealth Antenna ideas are nearly limitless.
As stated in the article, municipal zoning laws forbidding antenna structures have been pretty well eliminated ("This study is not about zoning ordinances or regulations adopted by the local or state governments," Henderson explained. "Amateurs already have the limited protection of PRB-1 to assist them with those situations."
Why should CC&Rs and HOAs be allowed to do things that local and state governments can not do?
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Agree with WA6EQU. Most any development newer than the late 1970s in our area has some type of CC&R. What a shame in an area that is prone to hurricanes. To avoid this you must either buy in an older neighborhood (as we did), go with stealth antennae, or move quite a way out.
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...Why should CC&Rs and HOAs be allowed to do things that local and state governments can not do?
because private property rights (should and sometimes do) trump the power of government. the powers of government, especially the federala government, are limited,
I don't see the comparison. The writer of the CC&Rs does not own the property anymore. Somebody else bought it from him, and he FORCED the new owner to accept HIS ideas of what is proper on the property. Yes, it IS force! Accept it, or go away, period!
If private property rights are paramount, the buyer should be able to tell the developer to take his CC&Rs and his HOA and "GET OFF MY LAND, YOU ARE TRESPASSING!"
But the new owner can't do that, can he. He has given up his "private property rights" by buying the land. He has NO private property rights, because the HOA owns them! If he tries to buck the HOA, they can and will enter liens on his property, and if he doesn't pay the liens, the HOA board can auction the property.
"Private Property Rights"?? That's a laugh!
The interesting thing about deed restrictions is any sale (and purchase) is contingent on the previous owner's desires. Often, a developer has obligations to those who have bought surrounding properties previously. In short, any current owner can deed restrict a property he owns and can enforce said restrictions on any and all future buyers. It's a voluntary contract. Say, for example, your mother lives in a house on an adjoining property and is deathly allergic to tomatoes. You, in preparation to sell your property, could deed restrict your property so that no future owner could grow tomatoes within 500 feet of her property line. If the buyer agrees, we have a meeting of the minds and both parties have willingly entered into a contract for purchase. Nothing wrong there.
But, just for fair and balanced... I would never buy deed restricted, conservation easements, etc because I think it negatively affects the resale values. And, ultimately, these entities are playing with a double edged sword. If the marketability is negatively affected, they ultimately lose. Free market... gotta love it!