Your first and only option is to hire an attorney. I can assure you that
your HOA has one. That was who wrote the letter. Personally, I think they
are trying to overstep their authority by applying covenants as they apply
to your home to your vehicle but I AM NOT an attorney and I can't really
provide an informed opinion on that and I doubt anyone else on this
reflector can either. I will point out what I believe is the key sentence
in all of this, "While the installation of antennas on a vehicle is not
specifically addressed. it would seem obvious from the context that the
intent was to prohibit the proliferation of exterior antenna(s) in CWV." By
their own admission they say that their rules do not apply to your vehicle
but they try to say that they intended for it to apply. In most if not all
states and localities that would be a very weak legal argument. They have
to follow their rules as they wrote them not how they "intended" them to be.
Also, if they change the rule to include vehicles they can not make it
retroactive. There is this thing called the Bill of Rights that prevents
that. Once again, I am not an attorney so this is not legal advice but it
should give you something to think about and discuss with your attorney.
Someone made the comment that you should send the HOA a copy of the FCC
rules as it pertains to your right to have antennas. I am not aware of any
such rule or right in part 97 and would be interested in seeing it if there
is. My final thought, contact the ARRL. I believe they maintain a list of
hams who are attorneys and I am sure they can provide you some guidance on
how to proceed. By the way, your situation is not unique. It is happening
every day.
73
Jim, W4KXY
-----Original Message-----
From: owner-vhf@w6yx.stanford.edu [mailto:owner-vhf@w6yx.stanford.edu] On
Behalf Of Howard W3CQH
Sent: Saturday, September 16, 2006 10:43 PM
To: vhf@w6yx.stanford.edu; vhfcontesting@contesting.com;
pvrc@mailman.qth.net
Subject: [VHF] unique situation
Hello all,
I am in a unique situation. I live in a community that has an HOA as many
of you may or may not also.
Today, I received a letter from the HOA stating that:
"Recently there have been several comments/concerns expressed regarding the
number and type of antennas you have mounted on your truck, which you park
in your driveway".
My truck is a Ford F150 pick-um-up. I have mounted a homebrew rack on the
back of the truck - over the bed - and to the rack in 2 of the corners I
have mounted a Saturn Six Halo.
That's 2 halo's that are stacked horizontalaly. On top of the rear bar I
have mounted a rotator, and on the mast I have mounted a stacked pair of
11/11 elem for 432 and in the middle is a 4elm QUAD for 2m. The other
antennas are a verticle for 2m FM, and a screwdriver for HF, which is
mounted to my tool box.
I personally don't think that I have too many antennas.
The letter goes on to say: "The CWV Declarations of Covenants Conditions &
Restrictions, Rules and Regulations and ARC guidlines (copies enclosed)
address the installation of Television (TV) antennas. Also radio antennas
appear to be referenced in the delclarations as being prohibited from being
attached to homes". I guess that means that they think these antennas are
TV types, and that if I drive my truck down the street - say 1 or more miles
away
- that I can't have a trailing wire hooked to the house??
More of the letter: "While the installation of TV and satelite receiving
antennas was addressed by the Federal Communications Act, superceding the
Association provisions as related to traditional TV antennas only. (I guess
that this means that if I wanted to have my satalite provider also provide
me with ISP services that I couldn't have that either). While the
installation of antennas on a vehicle is not specifically adressed. it
would seem obvious from the context that the intent was to prohibit the
proliferation of exterior
antenna(s) in CWV.
It would appear that the numerous antennas currently on your vehicle present
the type of visual impact that the documents are intended to prohibit. Many
residents came to CWV to get away from the possibility of thes type of
visual impact.
Additionally, the Board of Trustees has defined trucks (which are
prohibited) as those vehicles exhibiting commercial characteristics, i.e.
sinage, or equipment etc. carried on vehicle. Under this defination, your
the truck is the type of vehicle not permitted in CWV.
signed ~~~~~~~~~
My question is: How would you handle this - any and all sugesstions
appriciated.
73's de Howard W3CQH
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