North Florida Amateur Radio Society
W4IZ Jacksonville FL
nofars.net
Editor: Billy Williams, N4UF
n4uf
This article is based on FCC rulings, Florida Statutes and the City of Jacksonville Ordinance Code. Much is probably relevant to other areas, but there may be legal variations among jurisdictions.
HOME OWNER ASSOCIATIONS
By Billy Williams, N4UF
INTRODUCTION
STRUCTURE OF HOAs
UNAUTHORIZED ANTENNAS
TEN STRATEGIES
DEFUNCT HOAs & EXPENSIVE RECEIVERS
OTHER CONSIDERATIONS
PLANNING AHEAD
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INTRODUCTION
Home Owner Associations (HOAs) are ubiquitous in subdivisions built during the last 25 years or so. In Duval and surrounding counties, subdivisions are usually classified and zoned as Planned Unit Developments (PUDs). To get permits and government approval, subdivision developers must include plans for road maintenance, utility service, drainage, nature & wetland conservation, recreation, etc.
To approve permits for development of large land parcels, water management and other government regulators generally require a designated organization to serve as a permit holder/trustee. This is a primary role of a home owner association, usually a non-profit entity. HOAs charge annual assessments to subdivision homeowners to cover costs of inspection, repair and maintenance to infrastructure required by permits.
HOAs enforce conditions, covenants and restrictions (CCRs) that may determine the color of your home exterior, types of vehicles parked in your driveway, how many people live in your home, how many pets you have, when you open your garage door, what type of lawn you have, landscaping standards, proper trash can storage, style of mailbox, type of air conditioners allowed etc. And they can fine those who don't abide.
CCRs are recorded promises made by each home owner to all other home owners in a defined subdivision and to the home owner association. CCRs are enforceable as contracts. If someone makes an unpermitted improvement to their property--let's say installs an external antenna--any other home owner in the PUD has a cause for direct action in court to enforce compliance.
CCRs are incorporated into the title of a lot. Some CCRs created by older HOAs expired after 20 or 30 years but the trend now is toward permanent restrictions. Even if an HOA is inactive or dissolved, rights and duties listed in CCRs likely remain enforceable between home owners in court.
HOAs generally must approve any changes made to the external appearance of your property, before you make them.
Most HOAs frown upon external antennas, a necessity for a functional Amateur Radio installation. Some ban all external antennas except for federally protected small TV dishes. Others may approve low profile set-ups.
Home owner associations are regulated by Section 720 Florida Statutes. These laws limit the power of HOAs and dictate standard procedures for dealing with homeowners, ensuring due process and achieving compliance with CCRs.
In planning an outdoor antenna or other site modification in a restricted community, it is wise to understand how your HOA works. You can develop a more effective strategy to get approval for your upgrade.
Home owner associations (HOAs) differ from neighborhood associations. HOA membership is mandatory for all owners in a subdivision. Membership in neighborhood associations is voluntary. Instead of CCRs, these groups rely on city and county ordinance codes to achieve goals.
An important distinction--condominiums are managed by Condomium Owner Associations (COAs). Though there are similarities, COAs are governed by Section 718 Florida Statutes instead of Section 720. This article deals with HOAs.
Florida Statute 720.403 lists two purposes of HOAs.
(1) Protecting structural and aesthetic elements of a residential community.
(2) Maintaining streets, easements, water & sewer systems, drainage, utilities, conservation & open areas, recreational amenities and common areas.
Due diligence requires a purchaser to obtain and research CCRs before committing to buy a property. Once buyers close on a property, they are bound by CCRs plus any future modifications approved by the HOA.
STRUCTURE OF HOAs
To meet legal requirements imposed by Florida Statutes, home owner associations follow similar patterns in their structures. CCRs vary widely although Florida Statutes provide some limits on what may be imposed.
Common components of HOAs are:
(A) Board of Directors: Several non-resident directors are initially appointed by the developer. After a high percentage of lots are sold, HOA control transfers to residents who choose a board of usually 3, 5, 7 or 9 persons. Board members are usually volunteer residents who serve terms up to two years though some HOAs use paid non-residents on their boards.
HOAs provide director and officer liability insurance coverage to board members at no cost. During elections, each lot is allocated one vote. Those owning multiple lots get multiple votes. They also pay multiple assessments. Paper proxies are generally allowed.
(B) Officers: These include President, Vice President, Secretary, Treasurer. Board of Directors members generally choose officers from among themselves. Smaller associations may combine offices.
(C) Violations Committee: Sometimes known as compliance or complaint committee. Consists of three or more residents chosen by the board. The purpose is NOT necessarily to comb a subdivision looking for violations. All home owners have that authority.
The statutory purpose of the violations committee is to sit as an appeal panel if an alleged violator desires to contest a fine or a notice of violation. Statutes prohibit fining anyone unless a violations committee is in place. A violations committee member cannot simultaneously hold a board slot.
(D) Architectural Review Board (ARB): Three, five or more members typically appointed by the Board of Directors. These persons usually are residents although some HOAs use outsiders. Purpose is to screen applications for changes to external appearance of homes or lots.
Fences, sheds, roofs, landscaping, screen rooms and other improvements must be approved by the ARB before construction begins. ARB has 30 days to decide. ARB decisions may be overruled by the Board of Directors within that time.
(E) Property Management Company/Community Manager: Usually hired by the developer to handle legal duties when a new subdivision is constructed. Typically a real-estate professional or a mom and pop business that manages multiple subdivisions.
Property managers usually have Florida Community Association Manager (CAM) certifications and are subject to continuing education requirements in order to renew their certifications. Since laws governing HOAs frequently change, continuing education is important.
Property management companies work under a negotiated contract with the HOA board. Usually a two-year or so term after which the board may renew or terminate the contract. A full-service property manager performs most or all tasks relieving volunteer board members from having to perform repetitive and menial duties.
Typically, the contract amount is determined by the number of lots in a PUD--around $50 per year per lot plus expenses. HOAs might use volunteers for some tasks to reduce the contract cost. Property managers are supervised by the Board.
Duties include collecting annual assessments, keeping records, filing court actions (in conjunction with an attorney), arranging for landscaping & maintenance work, managing common areas such as club houses, pools, parks etc. The property manager usually sets up subdivision meetings and provides for regular weekly, biweekly or monthly drive-around inspections.
(F) Other components such as Crime Watch Committee, Welcome Committee, Social and Event Committees.
REPERCUSSIONS FROM UNAUTHORIZED ANTENNAS
If someone were to put up an unauthorized antenna, what might happen?
Any subdivision occupant would have a direct cause of action. Generally, a community management company representative receives complaints by telephone, postal mail and/or e-mail. Photos of violations are important. A management company representative typically visits a subdivision every week or two to verify complaints, look for violations and take photographs.
Generally, those searching for violations are not allowed to enter private lots without invitation.
They may observe from streets, sidewalks, common areas and some easement parcels. After a complaint has been verified and documented, the management representative starts a sequence of sending letters.
Management representatives should enforce CCRs uniformly throughout the subdivision. If not, they could be handicapped in a court case.
If a parcel becomes extremely unsightly, by-laws may allow an HOA to hire someone to clean up and then bill the owner. Unpaid charges and fines may result in liens being placed on a property.
TEN STRATEGIES
(1) APPLY TO INSTALL AN ANTENNA
Some CCRs include an outright ban on outside antennas. If so, this strategy is not an option. Many communities though do allow antennas if approved by architectural reviewers.
If there is no complete antenna ban in your CCRs, request an architectural review application from your community manager or contact person--usually the person or organization that collects annual assessments. Fill it out and return. Include diagrams and sketches as requested.
FCC declaration PRB-1 and Florida Statutes Sections 125.561 & 166.0435 only mitigate antenna restrictions imposed by county and local governments They do not apply to HOA CCRs.
But, it may be beneficial to cite PRB-1 in your advocacy. In some cases, these legalities may provide a boost to get your antenna proposal approved.
This will not work if your CCRs prohibit all antennas, unless the wording of that provision is changed by action of your HOA board. These types of changes usually are not easy.
In newer communities, developers enacted the original CCRs. When residents take control of an HOA, there may be provisions that they don't like. Your resident-controlled HOA board may be planning CCR changes and they may be receptive to include removing an antenna prohibition with their other changes.
Being involved in your HOA by attending meetings and volunteering to serve is crucial in these situations.
(2) BUY A HOME ON THE EDGE OF A SUBDIVISION AND ADJOINING PROPERTY OUTSIDE THE SUBDIVISION
This was my strategy when I bought in an HOA managed community. My home is in the back of the subdivision at the end of a cul-de-sac. I also own the adjoining acreage off to the side of my subdivision lot. It is zoned rural residential (RR) which allows tall towers. (hens, horses, cattle, roosters and pigs too)
Unrestricted property starts only 30 feet away from my radio installation location.
Away from the center of towns and cities, many subdivisions are laid out in an irregular shape with outparcels and areas that for whatever reason the developer did not purchase when planning the community.
If you can't buy, you may be able to get a cheap lease on a small plot.
(3) OTARDs: OVER-THE-AIR RECEIVING DEVICES (TV ANTENNAS)
On the federal level, the FCC allows any resident without cable service to erect an outdoor television antenna capable of capturing a sufficient signal for adequate reception. At first, only satellite dish antennas, one meter or less in diameter, were guaranteed. But in 2001, protection was extended to include antennas designed to receive local over-the-air (OTA) television signals.
According to 47 Code of Federal Regulations (CFR) Section 1.4000, a television antenna "that is designed to receive local television broadcast signals" is guaranteed regardless of any local laws or private land use restrictions.
47 CFR 1.4000 states "in addition, antennas covered by the rule may be mounted on 'masts' to reach the height needed to receive... an acceptable quality signal (e.g. maintain line-of-sight contact with the transmitter or view the satellite). Masts higher than 12 feet above the roofline may be subject to local permitting requirements for safety purposes."
Limitations exist, though. If one subscribes to cable TV service, this guarantee may not apply. If the community supplies cable service at no additional cost, possibly as part of its overall dues structure, this federal ruling probably would not apply.
But, if cable service is available and a home owner or resident chooses not to subscribe--47 C.F.R. 1.4000 seems to protect a resident's right to erect an outdoor television antenna--dish, Yagi, etc.
If one subscribes to a service that does not include local television stations, that person should be able to install an outdoor system in order to get local programming.
Possibly, if two householders share the same residence and one pays to subscribe to cable, while the other chooses not to subscribe--the non-subscriber might still have a right to install an outdoor antenna for his or her television.
Some VHF and UHF Amateur Radio antennas have dimensions that are similar to sizes of over-the-air television antennas and could be used on a shared basis for OTA TV reception. Presumably, one could install a Yagi antenna, a log-periodic-vee or broadband beam to include 6-meter, 2-meter, 220 MHz or 440 MHz operation at a height of 12 feet above roof line. For a two-story house with a high-pitched roof, maybe as high as 40-50 feet above ground level.
Furthermore, according to the fcc.gov web site:
"The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property.
"A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.
"A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule. Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. Permits or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible. Although a simple notification process might be permissible, such a process cannot be used as a prior approval requirement and may not delay or increase the cost of installation. The burden is on the association to show that a notification process does not violate this FCC rule.
"Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.
"For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.
For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.
"The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.
"The rule applies to restrictions imposed by local governments, including zoning, land-use or building regulations; by homeowner, townhome, condominium or cooperative association rules, including deed restrictions, covenants, by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease restrictions. The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest and exclusive use or control."------
So it is possible that an HOA might be able to require a home owner or resident to file an architectural review application form before installing an outdoor television antenna, but no significant application cost or delay in granting permission is allowed. Florida statutes also provide that a architectural review application must be acted upon within 30 days or permission is assumed to have been granted and installation may proceed.
Unless one lives in an official historical district such as San Marco, Riverside, Avondale, Springfield, etc, a home owner's request for an outdoor television antenna apparently cannot be denied unless the set-up is demonstrably unsafe.
(4) FLAGPOLES
Florida Statute 720.304 (2) states "(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 1/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the home owner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.
(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel."
Load a metal flagpole as a vertical using a small matching network near the bottom. If necessary, insulate from ground with a PVC segment, etc.
For the truly ambitious, put an antenna or extension inside the pole using a pneumatic or hydraulic arrangement to raise and lower--a la Hogan's Heroes Stalag 13 pop-up antenna.
(5) CLOTHESLINES
Clotheslines provide another dual-use possibility for hams seeking an outdoor antenna in restricted subdivisions. Florida Statute 163.04 states:
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
Note the language that protects solar collectors and other renewable energy devices. Plenty of possibilties for dual-use items that home owners associations cannot reject.
If they do object, they may wind up paying both their legal bill and yours. Make sure they know this if they turn you down.
If a bluff doesn't result in approval, an attorney may be able to guide you in preparing a case on a contingency basis. Some law firms view these types of cases as slam-dunk wins in court or in settlement damage negotiations.
(6) BASKETBALL GOALS
Portable basketball goals are pervasive in many subdivisions. Rules concerning outdoors sports equipment are often ambiguous. Enforcers may look the other way when they see portable basketball goals.
Travel through many newer subdivisions and you will probably see wheel-mounted basketball goals in side yards, front yards or on street curbs.
Portable basketball goals make ideal masts on which to support small VHF and UHF vertical antennas. You may be able to adapt a goal that children and teens shoot basketballs at into a multi-purpose item. Your family shoots basketballs and you get out better on the air.
Make your antenna as unobtrusive as possible and paint it to match the surrounding color scheme. Bolt an antenna that resembles a small flagpole to the top of the basketball goal support. Maybe add a flag.
(7) OPERATE MOBILE FROM YOUR DRIVEWAY OR USE A VEHICLE TO SUPPORT YOUR ANTENNA
Attach your antenna to an extended mast that is mounted on your car or truck. Operate from your vehicle or run a coaxial cable into your home.
If there is a higher elevation point near your home, go there. When operating mobile, five feet of additional elevation makes a big difference in effectiveness of your equipment.
(8) USE A PORTABLE ANTENNA
Mount a mast with your vertical or small beam on a tripod. Possibly secure the mast with small diameter rope as guys. Maybe attach to a swing set or other accessory similar to what neighboring residents have in their yards (that don't require approval).
You will have to assemble and disassemble each day but this can be done quickly if considered in planning and construction of your portable installation.
Some developments allow campers and other recreational vehicles if parked in sideyards or backyards. If so, attach your antenna to a mast on your RV.
(9) MINIMIZE IMPACT
If you are buying a home or lot in a newer subdivision, choose a location in the back or near the edge of a subdivision. At the end of a cul-de-sac or other dead end road is best.
Homes on heavily-traveled roads draw the most attention. Eyesores and questionable appearances on major roads may get violation notices more quickly than properties in out-of-the way areas.
Try a simple wire antenna that can be removed easily, especially if your lot borders on a conservation area or is off the main roads. Choose a spot which is least visible to neighbors and those driving by.
The best location is one from where you can't see any windows or doors except your own. If this is not possible, select the spot where the fewest windows and doors are seen.
Use thin wire and if necessary spray paint it to blend in. Try to hide the transmission line as much as possible. Throw one end of your antenna wire over a tree limb and slope it down. A half-wave sloping dipole is an effective antenna. Unless you plan to run a kilowatt, thread-sized wire will suffice. Use thin nylon twine or fishing line to tie the antenna off. You may have to replace several times a year but this is not a costly installation.
While in college, I got away with using this type of antenna strung from my window on the third floor of the dormitory building to a tree branch 30 feet or so away.
You shouldn't use linear amplifiers or high power in a restricted subdivision. To do so is asking for trouble because most CCRs prohibit nuisance activity. Even if your installation is clean, you will have to go QRT if anyone complains about interference to their television, radio, telephone, alarm, computer etc.
If you do use an amplifier, only activate it for short periods--when trying to break through a pileup or initially establishing a contact. Keep it off most of the time. Use CW or digital which may be less noticeable.
(10) INSTALL YOUR ANTENNA/TOWER ANYWAY
This is not recommended since fines may be steep and accumulate on a daily basis. Usually, fines are capped at $1000 but you can be sued and wind up paying all legal fees and other charges.
If you don't pay, a lien may be placed on your property and liens must be satisfied before property can be transferred. At present, Florida law does not allow foreclosure based on unpaid fines.
But if you have money to spend and/or access to good attorneys who specialize in land use and community management, this strategy may work.
If your HOA is defunct or inactive, your chances of success are better. But remember that any other home owner can initiate legal action against you and probably prevail if they are inclined to be persistent.
However, if most or all home owners, especially in smaller HOAs, have uncured CCR violations; they are probably less likely to object to your breaches.
DEFUNCT HOAs & EXPENSIVE RECEIVERS
If you are a lot owner, this is NOT a good situation!
A reader of a major Florida newspaper wrote: "If enough home owners in a particular subdivision are tired of HOA oppression, they can take over the board and vote themselves out of existence. It's the honorable thing to do."
Is an inactive or disbanded HOA desirable?
Here are some considerations if you are a home owner. If you rent, lease or live in a home that you don't own, these concerns probably do not apply.
Public liability insurance is very important if a subdivision or development includes any "common" area like a park, pool, building, nature trail, clubhouse, sidewalk, etc. HOA administrators are generally responsible for keeping adequate coverage in force. If insurance lapses, big $$$ problems can result for home owners.
Owning a home in a subdivision which does not carry adequate public liability insurance on common areas should cause concern. Also, regulatory obligations usually demand periodic testing and maintenance of drainage systems, wetlands, ponds, etc.
Many subdivisions, especially those constructed since the 1990s, have agreements in force with water management and other regulatory agencies that include obligations to keep utility systems and conservation areas in good repair.
To gain approval to build from regulators, subdivision developers usually were required to install a drainage system and to agree to protect & maintain conservation areas (wetlands, natural buffers, upland forests, etc.).
The HOA inherits these obligations from the developer upon a designated percentage of lots being sold. A proportionate exposure of liability extends to each home owner in a development.
A subdivision is vulnerable to legal actions and maneuvers. If no valid HOA is active, anyone with legal standing (home owner, regulatory agency inspector, creditor, etc.) can petition a court to appoint a "receiver."
These "receivers" don't tune radio signals. They don't work cheap and they have little incentive to keep expenses low. Each home owner could be on the hook to pay an exorbitant price for little service or benefit. Home owners have no vote in the operation of this "receiver."
Florida attorney Robert Tankel says "receivership is a very painful and expensive process. The receiver will do only what the court allows it to do and charge $150-$300 per hour while not necessarily having the best interest of the community at heart. It would be a tremendous burden and expense." Both HOAs and receivers have a potentially unlimited claim up to the value of your home and lot. If adequate public liability insurance is not in force, a lawsuit judgment from a "slip and fall," an injury or drowning in a retention pond without posted warning signs or other serious incident in a common area could result in all home owners being assessed.
Besides annual or monthly assessments (dues), an HOA or receiver can levy "special assessments." If someone wins a legal judgment, the winner can attack each home owner for a share of the verdict and possibly additional legal costs. Chances are that your individual home owner insurance policy will pay only for claims that arise from use of your property. Common area coverage is not generally included.
If your share of an assessment is not paid, a lien is placed on your property. When you sell, the lien will be satisfied and in some cases, property subject to a lien can be foreclosed. Check with your insurance agent, attorney or other professional for advice relevant to your particular case.
OTHER CONSIDERATIONS
Reasons to be active in your subdivision home owner association (HOA) include protecting your home investment as well as promoting accommodation for your antenna. A home owner should take an interest to ensure that the administration and board practice financial responsibility. Board members and officers are obligated by law to serve as fiduciaries--meaning they are duty bound to act in the best interest of home owners.
Many HOA boards are comprised of altruistic volunteers who donate their time and talents. But sometimes inexperienced, undisciplined or unethical people win office in an HOA by default.
Financial health is quickly judged by looking at a yearly budget report. HOAs should make these available upon request. Of prime interest is the reserve fund size. Should be at least $20-30K for a development with few frills and much more if community gyms, pools, buildings, etc. are included.
Another concern is the magnitude of overdue uncollected assessments and other receivables. Eventually, these losses are passed along to residents as service reductions or assessment increases.
The money you save is your own. Expenses for landscaping, decorative fence, common area functions, main entrance signage, lighting and maintenance add up. Even maintaining retention ponds and drainage systems to state-mandated standards is expensive. A defective drainage system component may cost many thousands of dollars to repair or replace.
A competent HOA administration has adequate reserve funds accumulated to cover large expenses. Repairs and projected replacements are planned years in advance. Preventive maintenance to common area devices and equipment is critical to minimize repair and replacement costs.
If your subdivision has no common areas or devices and no agreements in force with regulators, then having an inactive or defunct HOA might be advantageous. However, most developments built during the past two decades have common areas or regulatory agreements. Many agreements are perpetual and do not expire.
HOAs in bad financial shape are much less likely to turn lawyers loose on you in court over an unobtrusive antenna. If CCRs forbid antennas though, every other owner still has a cause of action against you in court. If CCRs are duly recorded, they will almost surely prevail unless you can hire an effective attorney who exploits a weak point in their case.
If antennas/towers are not specifically prohibited by CCRs, you have a hopeful chance, especially if you can get documentation approved by architectural reviewers. Possibly the ARB is disorganized or non-existent. Observe and ask around.
If you apply to a designated HOA contact and don't get a response in 30 days, you get antenna approval by default--unless all non-television antennas are prohibited in that development. Once ARB permission is granted, it is extremely difficult to rescind unless that permission is in direct violation of CCRs.
But if you are a renter or other non-owner occupant and you want to have an outside antenna, then your HOA....... the "deader" the better!
PLANNING AHEAD
If you plan to install an outdoor antenna in a restricted development, first read the covenants, conditions and restrictions that you assumed by accepting title to property in that subdivision. Despite what documents, if anything, you may have been given at closing--the declaration filed by the developer with the Clerk of Court contains all provisions which will be enforceable.
Ignorance about covenants and restrictions is not a defense! Usually, existence is disclosed on forms signed at closing, but it is up to purchasers to practice "due diligence" with research before buying a property. As with liens and other possible encumbrances, it is a buyer's responsibility to ensure that they have a clear title.
Developer declarations are generally accessible online. Perform a search on "xxxxx county public records" or "xxxx county clerk of court." Then search the clerk of court site using the name of your subdivision or name of the principal developer.
These are among the first questions to be researched by reading declaration provisions:
**Do declaration rules mandate an outright ban on antennas?
**Do CCR provisions allow antennas if approved by architectural reviewers?
**Is radio interference included as a nuisance activity?
If you aren't sure, bring a copy of the declaration to a NOFARS meeting.
Next, determine whether your home owner association (HOA) is active or inactive and also the level of activity. If active, is much enforcement evident? The general appearance of homes and lots provides a clue.
Numerous garbage cans in sight? Cars parked on grass? Work vehicles parked in driveways or on streets after business hours? Non-functioning cars in driveways? More than an occasional yard with tall weeds? If so, you can be brave about sticking up a small VHF/UHF antenna. Also, probably safe to throw out a sloping dipole or other wire antenna for HF.
If you make a trip through your subdivision and see garbage cans only on collection day, neat yards, home exteriors in good repair, etc.--then it is wise to go slowly when installing an antenna and to be careful to conceal it.
If monthly or annual dues are being collected, the association is most likely active to some degree. Search for an association web site. Attend meetings.
Volunteer for a committee position or as an officer. Many HOA board and committee functions are now conducted by e-mail without a need for numerous formal meetings.
One can serve as an HOA officer, director, committee person or simply be an observer who attends meetings. Florida Statutes mandate open meetings that must be announced at least 48 hours in advance. Announcements may be posted on signs at a subdivision entrance to fulfill this requirement.
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From the September 2012 NOFARS Balanced Modulator
FCC DECLINES TO OVERRULE HOA ANTENNA RESTRICTIONS
The Federal Communications Commission completed a study into uses and capabilities of Amateur Radio during emergencies and disaster relief. Impediments to communications including effects of private land use restrictions on residential antenna installations were included in the study.
In its report, FCC concludes that private land use covenants, conditions and restrictions (CCRs) do not represent a significant obstacle to the effectiveness of communications since hams can choose to live in areas that are not subject to limitations on antennas imposed by CCRs through homeowners associations. It seems the FCC position is that if your installation is subject to CCRs that limit your tower and antennas, you should move.
According to ARRL, "antenna restrictions now apply to tens of millions of homes and condominiums. In communities across every state, these restrictions make finding suitable living arrangements that would also allow amateurs to participate effectively in providing support communications nearly impossible to find."
Regardless, FCC states "while commenters suggest that private land use restrictions have become more common, our review of the record does not indicate that amateur operators are unable to find homes that are not subject to such restrictions. Therefore, at this time, we do not see a compelling reason for the Commission to revisit its previous determinations that preemption should not be expanded to CCRs."
FCC praised the backup communications capability of Amateur Radio while recommending development of protocols to help hams work with disaster relief and emergency management agencies.
"The amateur radio community and the emergency response and disaster communications communities all agree that amateur radio can be of great value in emergency response situations. Amateur radio carries with it a wide range of advantages that allow it to supplement other emergency communications activities during disasters. This has been demonstrated time and again in a wide variety of emergency and disaster situations. Amateur radio emergency communications require not only stations in a position to originate the emergency message, but also an alternative to the commercial communications infrastructure impacted by the emergency.
This alternative infrastructure is the network of amateur radio operators and their stations that relay messages, build and maintain repeater stations and repeater networks, operate HF message networks to send messages greater distances than are practical with mobile or transportable transmitters, and develop new technologies to improve the reliability of these networks."
The report adds "value could potentially be increased, however, through cooperation among DHS, public safety, emergency management, and amateur radio emergency communications associations and groups to develop future training protocols. We also recommend that DHS work with state, local, and tribal authorities to develop disaster area access policies and qualifications for trained amateur operators who provide emergency communications support."
Before taking action, I recommend consulting with an attorney or other competent land use professional.
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