Re: Coral Springs Tower Club II Condo Association
D. Peter Maus
> X-No-Archive: Yes
>
> I just found this on the net from "Coral Springs Tower Club II Condo
> Association"
>
> It sounds like a good place for hams, cbers, gmrs users, and scanner
> listeners, right?
>
> Wrong!!!
>
> Here are a couple of their rules.
>
> "No radio or television aerial or antenna shall be attached to, or
> hung from the exteriorof the units or the roofs thereon, and no
> transmitting equipment shall be operated in a unit. This prohibition
> does not apply to any master television antenna systeminstalled by the
> Condominium Association for the use by all units. See rules
> forinstallation of satellite dishes"
>
> The rule above violates both the FCC rules and law passed by Congress
> that they are not allowed to prevent people who own the entire house
> or entire condo from putting up an outside antenna.
>
> So you think you can put one up since Congress made a law saying so
> and submitting the rulings from the FCC on the subject?
>
> Not according to them, despite what you learned in school about
> Congress!!!
>
> Their other rule explicitly says so
>
> "EVERYTHING CONTAINED IN THIS PACKAGE SHALL SUPERCEDE ANY
> OTHERINFORMATION PROVIDED INCLUDING BUT NOT LIMITED TO THE
> LANDLORD'SLEASE."
>
[snip]
> And I don'y suspect I will, here.
>
> It is NOT illegal to obey FCC rules where I live, unlike in the next
> county here.
>
> So to the seld-appointed radio cops who are angry I'm breaking the
> next county's law about listening to a CB (not transmitting, but just
> listening) without the proper radio licence which says I'm allowed to
> conduct ham radio operations on the regular 27 MHZ 40 channel CB in
> order to legally listen to CB, I say
>
> Bah. Humbug.
>
> From Scrooge
>
>
>
Your HOA has some very serious issues. I had a similar problem
with the HOA, here, which was formed after I moved in. They went
after my radio installation with a vengeance.
After some rudimentary research, I found that much of this was
coming from the cable company which had funded the forming of the
HOA. We, as a community, weren't wired for the most part, so to
force the issue, the cable company bought into the HOA and pushed
the antenna ban.
It took some time, but vigilance, not letting an HOA meeting go
by without a presence, and reading the appropriate FCC Rules into
the record, and a couple of face-downs in which the Sheriff's
department had units in my driveway, I prevailed.
You have to stand your ground. An HOA is not a governmental
entity with the power to overturn Federal Rules and Acts of Congress.
It's a fight, to be sure, but it's a fight that can be won. Both
TV Antennae and small dish satellite systems are proteced species.
And you have the clear understanding that it's NOT illegal to obey
FCC rules and federal law.
>
>
>
dave
>
> It's a fight, to be sure, but it's a fight that can be won. Both TV
> Antennae and small dish satellite systems are proteced species.
> And you have the clear understanding that it's NOT illegal to obey FCC
> rules and federal law.
>
You must use a part of the building over which you have total control,
like your porch, patio, or window sill. You have no right to access a
common area e.g. a shared rooftop.
Also, the rules do not allow HF antennae, unless they are disguised as
TV reception antennas (which is easily doable).
When I started looking for houses I told the Realtor (www.evelyn.com)
that I had antennas and a drum set. She said "Canyon Country!"
You
"D. Peter Maus" <dpete...@worldnet.att.net> wrote:
> On 12/18/09 03:08 , radioguy wrote:
> > X-No-Archive: Yes
> >
> > I just found this on the net from "Coral Springs Tower Club II Condo
> > Association"
A pile of nonsense snipped for brevity...
> > Bah. Humbug.
> >
> > From Scrooge
> >
> >
> >
>
>
> Your HOA has some very serious issues. I had a similar problem
> with the HOA, here, which was formed after I moved in. They went
> after my radio installation with a vengeance.
>
> After some rudimentary research, I found that much of this was
> coming from the cable company which had funded the forming of the
> HOA. We, as a community, weren't wired for the most part, so to
> force the issue, the cable company bought into the HOA and pushed
> the antenna ban.
>
> It took some time, but vigilance, not letting an HOA meeting go
> by without a presence, and reading the appropriate FCC Rules into
> the record, and a couple of face-downs in which the Sheriff's
> department had units in my driveway, I prevailed.
>
> You have to stand your ground. An HOA is not a governmental
> entity with the power to overturn Federal Rules and Acts of Congress.
>
> It's a fight, to be sure, but it's a fight that can be won. Both
> TV Antennae and small dish satellite systems are proteced species.
> And you have the clear understanding that it's NOT illegal to obey
> FCC rules and federal law.
>
What the original poster (Radioguy) has is an unenforceable Property
Contract. This type of stuff, gets thrown out of Civil Court, every time
it comes up and just because the Language is in the Contract, does NOT
make it Enforceable. If it did, then not LAW, could stand..... Why does
this Yahoo keep bringing up these STUPID situations, that he has no
knowledge of???? Inquiring Minds, want to know....
D. Peter Maus
Probably because he's describing an issue that comes up more
often each day. And HOA's are becoming more aggressive at harrassing
people into surrendering their property use rights, in favor of the
association's vision of what life, and media access should be like.
The rights and powers of HOA's are poorly understood. Most often
by the HOA's themselves. And the conflicts that arise from HOA
covenants and restrictions running square into Federal laws and
regulations have left a lot of folks confused, frustrated, and in
many cases unnerved.