Antenna Stirs Up Controversy Pt 2

Well the little old ladies drove Dr. Bob to the "country" so that he could put up his ham radio antenna, but his new neighbors aren't any more accepting. So here comes the lawsuit!

Category:

News & Politics

Tags:

• antenna
• ham
• news
• Lubbock

[KC0TCH]

if you dont like it just dont look at it. darn those communist homeowners associations

[rjairam]

The city has no right to tell him he can't have a tower. Mr. Boyd, keep on fighting the good fight. My town tried to deny me, then looked at case law, where other cities/towns fought amateurs putting up towers and lost every time. So they backed off and gave me my permit for my 70 footer. You will prevail! The only thing I can see stopping you are CC&Rs which PRB-1 does not cover.

[N5LRZ]

PRB 1 clearly is interpreted by the FCC states that while the antenna tower cannot be denied, reasonable restrictions and requirements can be be imposed on the tower owner aka height restrictions, engineering requirements, permits, required inspections, etc.

In the end the cost cost of a legal authorized tower of 30 feet may not be worth the price.

Always investigate thoroughly before you move to a place.

N5LRZ

[N5LRZ]

@DIESELDEMON306

For point of record, cell phone towers for my best knoledge must get legal permits, have inspections etc.

And yes if you live in a HOA from my general understanding any member of the HOA can bring legal action to force you to obey the contract that you singned or face financial penalty.

IF the contract says no or the HOA says NO:DONT put it up no matter what you want.

You may not like the consequences

N5LRZ

[N5LRZ]

@mannexstein

It is called the law in re to Contracts. NEVER sign any contract unless you read all the fine print and agree to ALL THE TERMS of the contract in its totality. Because unless the contract specificly states otherwise, NO tap backs are allowed.

PRB1 does NOT apply to private contracts. PRB1 only applies to governments and government agencies and states only a reasonable allowance not necessarily cheap, free or very high.

N5LRZ

[QROFB]

many of the guys operate totally hidden now days, hidden antenna. I suppose serious HAM need to move out to country side for bigger and better antenna, and no neighbour to interfere with.

[N5LRZ]

@QROFB

It is my sincere hope that you do not live in a HOA zone that has restricted external antenna provisions in the purchase contract.

Not only can the HOA sue you to make you remove said antenna BUT also any and all people in the HOA can sue you for breach of contract.

Hope no one ever finds your antenna who is also pizzed off at you.

N5LRZ

[rjairam]

@N5LRZ Preventing the classification of a ham tower as a commercial tower is exactly what PRB-1 is about. I suggest you read the book "antenna zoning for the radio amateur" as it covers all of these topics in depth, with references to actual cases, regulations and laws. Anyway, it looks like you are vehemently anti-tower. You are probably jealous of your butt constantly being kicked in the pileups and want to scare hams into putting up towers. :)

[N5LRZ]

@rjairam

Bottom LINE....

The moron should have checked the building codes and requirements BEFORE HE PUT THE TOWER UP.

Hell he should have checked the Building Codes and Costs BEFORE even moving there in the first place.

And he should have checked the Building Codes for the area where he lived before he even thought about getting a license that he could not adequately use due to legal restrictions.

N5LRZ

[N5LRZ]

@rjairam

Take em to court and find out how much that tower is going to cost you after permits, fines, interest, and all other EXPENSES that that tower is going to cost once you tack on LEGAL FEES.

Remember that the ARRL legal team advises but does NOT represent in courts of law. The individual has to pay his own lawyer in the legal action out of his own pocket...

And if there is an HOA type clause in the contract to buy property one is truly screwed.

N5LRZ

[N5LRZ]

@rjairam

It could be higher.....

The county could classify the tower as a commercial tower which would by the very nature of commercial towers means Higher Permit Fees, Inspections, Insurance Requirements, and red tape up the AZZ.

AND REMEMBER IF he sues in a court of law the ARRL will NOT pick up his legal tab meaning that tower can STILL cost him many thousands of dollars in legal costs alone.

TOWERS are NOT a constituional RIGHT.

[rjairam]

@N5LRZ They also can't make you have special insurance. That only applies for commercial towers. Any good attorney can get that struck down from the requirements for getting a permit for a ham radio tower. As I pointed out earlier, height limits are OK but they must be "reasonable."