[Towertalk] ABC Home Owners Assoc Expose

[Jim White]

I believe I have certain unalienable rights - including my right to erect
competition grade amatreur radio antenna structures which not only allow me
to compete in amateur radio competitions but allow me, should the need
arise, the opportunity to provide world class communications...

A friend was at the station this evening - he was grinning - he made a few
QSOs and everyone came back on the first call - nothing wa said but it is
understood this was not a coincidence but the result of years of station
development....

Besides I think towers decorated with HF antennae are beautiful - a nice
install gives the hairs on the back of my neck reason to stand up in
anticipation of the fine signal reports they will produce.

K4OJ


----- Original Message -----
From: "Joe Subich, K4IK" <k4ik@subich.com>
To: "Paul Christensen" <w9ac@arrl.net>; <towertalk@contesting.com>
Sent: Saturday, April 20, 2002 2:57 PM
Subject: RE: [Towertalk] ABC Home Owners Assoc Expose


>
>
> > -----Original Message-----
> > From: Paul Christensen [mailto:w9ac@arrl.net]
> > Sent: Saturday, April 20, 2002 2:06 PM
> > To: Joe Subich, K4IK; towertalk@contesting.com
> > Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
> >
> >
> >
> > However, when a HOA wields power traditionally held by local
> > government, then their cute and tidy practices turn into
> > something much bigger.  A rose by any other name....is
> > still government.  In Florida, this occurred several years
> > ago in the Foote Towers case.  The court ruled that the local
> > HOA had indeed metamorphosed into local government and that
> > the HOA's power had become excessive without affording
> > procedural and substantive due process rights to the
> > homeowners.  The moral of the story?  Don't let the HOA
> > become too big and powerful.
> >
>
> Paul,
>
> That's exactly the point ... when the HOA steps into areas that are
> traditionally the province of government (e.g.. freedom of speech,
> due process, regulation of interstate commerce, land use, zoning,
> etc.) they become, de facto, governments and (should) be subject
> to all the (constitutional and procedural) limitations that apply
> to a government.
>
> The courts ruled, and rightly so, than Caucasians only CC&Rs were
> unconstitutional.  What is the difference between a CC&R that the
> HOA could argue is consistent with freedom of association (certainly
> the government does not have the right to tell me with whom I must
> associate <G>) or protects due process (certainly the government
> does not have the right to tell me to whom I must sell my property
> <G>) and a CC&R that would restrict my free speech rights or ability
> to engage in interstate/international commerce for which the federal
> government has granted me a license?
>
> > All the great protections you just mentioned and are constructed
> > and framed within our Constitution are limits of GOVERNMENTAL
> > power, not private power, such as that vested in homeowners
> > associations (HOA).  This is a critically important point in
> > U.S. Constitutional law: A private person or entity CANNOT
> > commit an unconstitutional act except when acting on behalf of
> > the government.
>
> Since homeowner associations and CC&Rs are recognized by statute
> does that not imply, at least in part, the vesting of governmental
> power in the HOA?  For example, our board of directors has the
> authority to post (and enforce) speed limits on the community
> streets ... we have the authority to permit or ban the use of
> motorized vehicles (e.g., golf carts) on the community streets
> that are not permitted on public highways.
>
> 73,
>
>    ... Joe, K4IK
>
>
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