On Wed, 22 Mar 2006 11:41:47 -0500, Dan Barker wrote: >Reread your CC&Rs. Maybe they do allow TV antennas.
Federal law pre-empts CC&R provisions or HOA regulations that proscribe TV or satellite-dish antennas only when they are being used as described below. >You probably have >neighboors who use Satellite for TV. Just say you have HDTV and run a UHF >Yagi up a pole. Tell them it's for HD, but insulate the bottom. Instant >top-hat vertical! Lying to the HOA is a sure-fire way to get into lots of legal hot water!! The OTARD pre-emption is very specific -- it's for TV or video reception of broadcast-type signals only -- not even for reception of FM signals, and the prohibition of use for reception or transmission for other services was very clearly discissed in the Order that established the pre-emption. > >YMMV, but how can they say no TV? That's un-American<g>. But if you get in their face, and they really want to push the issue, they can hire some of my retired-spook colleagues to prove that it's being used for non-preempted purposes (like rf being transmitted from the mast or the antenna), and then what leg do you have to stand on without pre-emption protection? No reputable lawyer will defend you. -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel (I used to do this full-time) _______________________________________________ Elecraft mailing list Post to: Elecraft@mailman.qth.net You must be a subscriber to post to the list. Subscriber Info (Addr. Change, sub, unsub etc.): http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/subscribers.htm Elecraft web page: http://www.elecraft.com
