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Re: [TowerTalk] CC&R's

To: "Tom Champlin" <>,"Towertalk" <>,"SteppIR" <>
Subject: Re: [TowerTalk] CC&R's
From: "Jim Lux" <>
Date: Thu, 1 Jan 2004 11:15:00 -0800
List-post: <>
Comments interspersed below

----- Original Message -----
From: "Tom Champlin" <>

> There has been a lot posted about antenna restrictions. Here in the Kansas
> city area it's no different. Wanting to buy a new home, I have been to
> many new housing additions. I recently found an addition that had a few
> larger lots left. I currently use a TX-455 and X9 with slopers. I will
> to give this up when I move next summer. As the builders are now offering
> cheap stereo systems with in-ceiling speakers, I will probably have to
> mothball the Alpha as well.

Granted, Part 15 says that the manufacturer/operator of the consumer
equipment has to deal with it, but in practice, you'd hate to take on all
the homeowners in the development.

I recently bought a Big SteppIR vertical that I
> hope I can somehow put up when I move.

You can either hope that nobody notices (an extremely unlikely occurance..
all it takes is one annoyed person to complain, and then, hiding in plain
sight no longer works...)

 I selected the largest lot, which
> adjoins a horse ranch. The CC&R's in my subdivision say something like
>                            SECTION 13
> No outside television or radio antenna, or satellite dish or receiver,
> be erected, installed or maintained on any Lot, or on any structure on the
> Lot, except that one satellite dish or receiver not exceeding two (2) feet
> in diameter shall be permitted on the side, roof, or chimney of a dwelling
> house.

Which, on its face, does not comply with the latest OTARD rules.  FCC's
pretty clear: a) no limit on number of antennae; b) dishes, etc., up to 1
meter; c) no restrictions on location, except those of nominal cost and with
no adverse effect on performance; d) broadcast TV has no limit on antenna
size; e) antenna support structures are permitted (towers, poles, etc.)
subject to legitimate safety rules.  Much more summarized at

Burden of proof is on the HOA, not on the antenna erector..

-- You didn't mention if there's a rule against transmitters, or just
against antennas.

>                            SECTION 15
> No outbuildings, storage sheds, storage tanks, or any other free-standing
> structure detached from the residence shall be constructed or maintained
> any Lot.

This is fairly vague. Sure, most folks try and get their towers permitted as
"accessory structures", but that's by no means the only way.  Maybe you put
in two footings, and move your tower between them once a year (it's not
permanent, eh?)
What about a tower trailer? A funky RV to be sure, but generally regulated
by parking regulations instead.
At work we have a tower trailer that is well over 100' high, and can support
a truly enormous antenna. I'm sure it costs a fortune compared to a fixed
installation, but, considered in the overall context of the cost of a house
and/or legal fees?

> So, I guess If you want full blown ham radio, you need to live on a large
> acreage, away from other people. ($$$). Or, live in a shack next to a
> house where nobody cares. I doubt if anyone ever cracks the CC&R's on
> of ham radio. I have to admit, I have seen some really trashy looking
> antenna setups. Most non-hams see all of them as trashy looking and a
> on the neighborhood, not to even mention the RFI. If I can use the
> I think it will satisfy my current needs.

I think that a suitable tuning network will make a SteppIR meet the
"designed to receive TV broadcast transmissions" requirement. 6m band, after
all..  No requirement in the law that the antenna be designed to receive
broadcasts with any particular performance.  And, several of the FCC
decisions seem to say that overall hideousness or impracticality of a
desired antenna installation doesn't really factor in. (read the one about
the 5 dishes on poles etc.etc.etc.)



See:  for "Self Supporting Towers", "Wireless Weather 
Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any questions 
and ask for Sherman, W2FLA.

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