[geeks] radio stuff

James james at jdfogg.com
Tue Nov 26 10:16:54 CST 2002


>It may vary from state to state, but when I was house hunting the MLS 
>listings I got for the homes I was interested in all had "HOA" with either 
>"Yes" or "No" next to them.  When I started getting serious about houses I 
>asked the seller to disclose in writing any restrictive covenants about 
>the property.  Finally, when I was ready to make an offer, I made it 
>contingent on my lawyer confirming that there was no HOA to worry about or 
>restrictive covenants that I couldn't live with (I can't have certain 
>kinds of livestock here, but I can have others).
>
>>Even some older, established neighborhoods are goin that way.
>
>Hard to retroactively do that though.

I've been down this road and it comes down to two things. Number One, Is 
the restriction in your deed or is the HOA police enforcement in your deed? 
If not, they can fuck off - they have zero jurisdiction. Number Two, FCC 
PRB1 makes it perfectly clear that no municipality or state can create a 
zoning ordinance against a Federally licensed and regulated service 
(Amateur Radio). PRB1 always holds up *unless* the restriction is in your 
deed. PRB1 does not protect you from any laws regarding safety issues or 
FAA rules (lighting and height restrictions near airports).



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