[Towertalk] ABC Home Owners Assoc Expose

[Joe Subich, K4IK]

> -----Original Message-----
> From: Paul Christensen
> Sent: Saturday, April 20, 2002 10:34 AM
> To: Brian Hemmis; towertalk@contesting.com
> Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
> 
> Reform is a legislative issue, not a judicial issue regardless of 
> the number of attorneys who sit in Congressional seats.  This is
> the reason why the FCC correctly deferred the ARRL's recent 
> preemption petition to Congress...precisely where it belongs.


Paul, 

You're only partially correct (if I may argue with a lawyer on a legal 
issue).  If the laws concerning Homeowner Associations (or private 
contracts) permit actions which are unconstitutional ... limit 
free speech (First Amendment) , due process (Fifth Amendment) rights 
or are subject to federal preemption, e.g. interstate commerce (Article 
1, Section 8), then the reform becomes a judicial issue and the law(s) 
in question must be struck down.  

While I support reasonable homeowner association rules, I believe anti-
antenna CC&Rs should be struck down as violative of (1) free speech 
rights, (2) due process rights, and (3) improperly intruding into an 
area of federal primacy (interstate/international commerce).

There is a reason to call the judiciary (and thus the lawyers) to task 
for allowing the homeowner association mess to continue unchecked. 

73, 

   ... Joe, K4IK