4/17/2024 0 Comments Ham radio vs hoa covenantsWDMCĬopyright – William Douglas Management, Inc. The far-reaching ramifications are a potential federal statute that erodes every association’s governing documents. House Committee on Energy and Commerce gave its stamp of approval to a compromise version of H.R. While not criticizing the merits of this proposed legislation, the unintended consequences are extreme and far reaching. HAM Radio Towers and Antennas in Your HOA Community A Legislative Update on HAM Radio Towers and Antennas in Your HOA Community On July 13, 2016, the U.S. US House Resolution 1301 (Originally House Resolution 4969) was first introduced in the last session of Congress by first term Republican Congressman Adam Kinzinger (16th District, Illinois), and reintroduced by him in the current 114th Session.Ĭosponsors of this proposed legislation in our service area: For controlled environment duty cycle is calculated in 6 minute intervals and. These factors will help you estimate distances people will need to be kept from the antenna based on these three factors. Legislation is the fact that this proposed legislation will be setting aside contractual obligations of the parties of a private contract, being the association’s governing documents. RF energy exposure boils down to three factors: The power of the transmitter. Basically, the declarations is a contract between all the members of an association that the members voluntarily and knowingly agreed to by purchasing a home within an association. Generally speaking, the provisions of the declarations cannot be waived or altered without the membership amending through the amendment process provided for within the declarations. The Declaration of Covenants is the primary governing document within an association. So, if a member erected a 70 foot high radio tower, there would be no architectural review process or association governing document standards that would have to be met.Īs everyone is aware, the foundation of all associations are the governing documents, more specifically in this matter, the Declaration of Covenants. And again, this is despite what the declarations or other governing documents may say about such structures. ![]() This proposed federal statute would circumvent association governing documents to allow members the ability to erect up to a 70 foot high HAM radio tower or antenna. US House Resolution 1301 (Amateur Radio Parity Act) currently has over 80 sponsors with an accompanying proposal in the US Senate (S. The following is an outline of a presentation I made this evening for the McKinney Amateur Radio Club in McKinney. As an avid amateur radio operator and a Texas Real Estate Broker, I'm often asked to speak about the impact of CC&Rs and HOAs on Amateur Radio. Most alarming from this proposed legislation is that association members would be allowed to erect this tower no matter what the association’s governing documents state. Real Estate Agent with RE/MAX Dallas Suburbs TX Broker 0513551. Associations having to allow seventy foot high HAM radio towers maybe a federal law if certain members of the United States House of Representatives are successful with their proposed legislation.
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