[Mldxcc] [NCCC] [NCDXC Chat] The case against the revised Amateur Radio Parity Act

[Rick Tavan]

Actually, Steve, HOAs are not exactly "non-governmental." In practice, if
not fully in fact, they are precisely governmental - they *govern* how
neighborhoods are constructed and what residents can do on or with their
"property," and they establish additional taxes (aka "fees") that residents
must pay over and above taxes levied by towns, counties, special districts,
states, and the Federal government. Some of them build roads, fire
departments, security forces, community centers, and other infrastructure
otherwise provided by "real" government. However, unlike "real"
governments, they are not required to play fair, to provide redress, to
operate courts, or to justify their actions. In many cases, their actions
are explicitly immune to appeal to "real" government agencies and courts. I
am baffled why the American people have consented to the creation of this
extra-legal layer of governance.

No, I am NOT a libertarian. Many might accuse me (incorrectly) of being a
Big Government Liberal. But the HOA phenomenon is an abysmal surrender of
what should be fundamental rights of homeowners. It is a voluntary
assumption of excessive, unreasonable, often arbitrary, and usually
uncorrectable regulation based less on law than on the whims of tin gods
whose hobby is telling other people what they can't do.

HR 555 appears to be a capitulation to the HOA lobby, but I haven't studied
it enough to be sure of that. The ARRL FAQ, which I read today, seems
poorly written in pidgin legalese that borders on double-talk. It is
certainly NOT a well-intentioned attempt to simplify the complex or clarify
the vague. I am disappointed in the League, of which I have been a life
member since the 1970's.

We live in interesting times.

73,

/Rick N6XI

On Tue, Aug 8, 2017 at 10:57 AM, Steve Dyer via NCCC <nccc at contesting.com>
wrote:

> This isn't about the FCC. This is about power handed to a non-governmental
> Home Owners Associated to decide what is acceptable for you to put up. If
> you have not ever had to deal with an HOA, count yourself lucky. If you
> have, you know this is a disaster in the making.
> 73,
> Steve
> W1SRD
>
> -----Original Message-----
> From: Chat [mailto:chat-bounces at ncdxc.org] On Behalf Of Richard (Rick)
> Karlquist via Chat
> Sent: Monday, August 7, 2017 7:20 PM
> To: Bob Wilson, N6TV <n6tv at arrl.net>; Jim Venneman <wx6v at sbcglobal.net>
> Cc: MLDXCC Reflector <mldxcc at contesting.com>; NCDXC Reflector
> <chat at ncdxc.org>; NCCC Reflector <nccc at contesting.com>
> Subject: Re: [NCDXC Chat] [NCCC] [Mldxcc] The case against the revised
> Amateur Radio Parity Act
>
>
>
> On 8/7/2017 6:58 PM, Bob Wilson, N6TV wrote:
>
> > HOAs more power than they ever had before, and no one wants that.  HOA
> > residents will now have to get prior HOA permission to string up a
> > wire or put a mobile whip on a tripod.
> >
>
> In the real world, the FCC is unlikely to put much effort into enforcing
> this rule, if it were to be enacted.  Also, the wire or whip might be
> considered in the "de minimus" legal category.
>
> Rick N6RK
>
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-- 

Rick Tavan
Truckee, CA
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