[Towertalk] Deed restrictions - It's about camels and frogs

[K4IA@aol.com]

How to Understand the CCR Battle
Hint:  It is about frogs and camels, not antennas

I am a real estate attorney and in my time, I drafted lots of CCRs.  I can 
assure you no developer I represented looked at any of them.  I just copied 
the "standard form" which, I believe, originated with the Veterans 
Administration.  VA had a set they would approve for VA loans.  How the 
restrictions got into the VA documents, I'll never know because I am sure no 
one at VA really cared about antennas.  The developer couldn't care less 
about the details, or antennas, as long as he could control the Association 
for as long and as cheaply as possible.  So, if no one cared, why is this a 
big issue now?

I suppose the restrictions were originally aimed at TV antennas.  Underground 
utilities promised clear skies and a forest of TV antennas is pretty 
unattractive.  One frog on your porch is cute.  A thousand frogs on your 
porch are a plague.  When cable TV came along, I dropped the anti-antenna 
provisions and no one ever noticed.  The hams in those neighborhoods don't 
realize they had a friend on the inside.  By a stroke of the pen fifteen 
years ago, I gave them a shot at having a decent signal.

In the many thousands of transactions I have handled, I never heard anyone 
ask for antenna prohibitions.  In fact, most homeowners regard their 
association, and its rules, with contempt.  Too many hot-dogs end up running 
these quasi-governments. We call them the "petunia police."  These are the 
folks whose idea of fun is to prowl around the neighborhood with clipboards.  
Impound the errant tricycle.  Arrest the toddler who left it on the front 
porch.  Pummel the homeowner who picked the wrong shade of black for his 
shutters.  Tear off the unauthorized storm door.  AAAAACK! IS THAT AN 
ANTENNA?  

These little tyrants clothe themselves in the mantle of "protecting property 
values," acting for the "health, safety and welfare" of the community -- 
lofty ideals that come to mean uniformity and conformity.  Uniformity and 
conformity protect the status quo and keep the development "one-frog cute."  
But, property rights are not the issue here.  Arguing property rights is a 
losing battle -- you bought into these rules when you bought the house -- 
discussion ended.  

What happened?  Why did the FCC punt?  We would expect the FCC to be 
favorable to hams and the FCC has no constituency on the other side of the 
issue.  It should have been a slam-dunk for ARRL.  Why wasn't it?  Because, 
it is not about antennas. 

Three very powerful lobbies -- National Association of Homebuilders, National 
Association of Realtors and the Community Associations Institute are making 
lots of money building, selling and managing associations.  What they have 
now works for them.  They will resist any effort to curtail their power to 
decide what is best for the community.  The issue isn't a few ham antennas.  
It is their very sovereignty at stake.  This is a turf war.  They know if 
they allow the Feds a veto power on this issue, it will be demanded for other 
issues.  Don't let the camel's nose under the tent or the rest of the camel 
is sure to follow.  Folks, this is basic trade association politics.

Compared to any one of these lobbies, ARRL is a QRPpp pip-squeak.  The three 
together can crush anything or anyone.  I suspect some powers in Congress 
have already been influenced (bought) and they told the FCC to lay off.  That 
is how it works here in Washington.  If ARRL is to have any hope at all, they 
will have to convince these powerful lobbies first, that preemption is not a 
threat and secondly, that ham antennas are not a bad thing.  We are not a 
camel -- only one cute little frog.  Good luck!


Radio K4IA
Craig "Buck"
Fredericksburg, Virginia USA
QRP ARCI #2550  FISTS #6702 CC 788 Diamond #64
K1 #470    K2 #2460 
fpQRP #442  QRP ARCI #2550
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