NotMe wrote:
"radioguy" wrote in message
...
The names and call letters have been changed to protect the innocent.

Once upon a time, there was a ham radio operator who moved into a
homeowners association which had the very very very vague rule "NO
ham radio transmissions allowed on homeowners association property".

Originally, the ham thought this was a very very very specific rule
which allowed him to transmit from ham radios off of homeowner
association property while he was physically off of homeowners
association property.

So he moved into the homeowners association and unlike certain other
hams which hide antennas on homeowners association property in
violation of the homeowners rules and the contract they signed, this
ham actually obeyed the homeowners association rule and transmitted
ham radio only when he was physically off of homeowners property
using radios, and repeaters, and irlp and echolink..

However, he soon found out it was a very very very vage rule when the
big bad homeowners association foreclosed his house on him for
violating the rule and claimed that it was a very very very specific
rule which prohibits him from making ham radio transmissions even
whie he is off of homeowners property and using ham radios off of
homeowners property while he is physically off homeowners association
property.

It started because while he was making a ham radio transmission off
of homeowner property while he was physically off of homeowners
property, another homeowner in the association heard the ham radio
transmission on his own scanner (no the hams scanner since he didn't
have one other than the one he had off of homeowner association
property, such as at his parents' house) and complained to the
homeowners association about it.

Then the big bad homeowners association stated he broke the rule and
fined him. The ham refused to pay the fine, stating that he never
ever broke the rule and only made ham radio transmissions when he was
physically off of the property and never ever even had a ham radio on
homeowners asociation property at all.

Then the ham quoted the rule to the homeowners association as proof
he never ever broke the rule.

Then the big bad homeowners association replied back with that it did
not matter if he was on homeowners association property or not, that
even though he was off of homeowners association property when he ade
the ham radio transmissions, since the ham radio transmission could
be heard on homeowners property , that it "was indeed a ham radio
transmission on homeowners association property and in violation of
the homeowners association rule of "NO ham radio transmissions
allowed on homeowners association property""

and the fine stands and foreclosure stands if he eefused to pay the
fine.

The ham refused to pay the fine, and wanted to take it to court.
However, he could not afford to take it to court.

The big bad homeowners association decided to take it to court to
collect the fine from him he refused to pay.

The big bad homeowners association then payed off all the lawyers and
judge including the ham's own court-appointed lawyer.

So the judge wrongly ruled in the homeowners association and against
the ham, since he and the lawyers were getting kickbacks from the
homeowners association.


The judgee wrongly ruled that the correct interpretation of "NO ham
radio transmissions allowed on homeowners association property" was a
very very very specific rule which meant that the ham was indeed in
violation of the rule and contract he signed even though he was
physically off of homeowners association property when transmitting
because since the tranmission could be heard on homeowners
association property, and therefore the ham radio transmission was
made on homeowners association property in violation of the
homeowners rule and contract th ham signed, even though the
transmissions were made from off of homeowners association property.

Plus had to pay court costs which he could not afford for losing the
case.

Angered and miffed by this, the ham wanted to appeal the case, but
could not afford the $1,500 application fee the appeals court
required just to file an appeal (not counting all the court costs
afterwards), the ham decied to get revenge against the homeowners
association. As revenge, the ham gathered some of his ham radio buddies,
such as
NO44TXU, NO4DWS, NO4STU, NO4DFG, NO4SWQ, etcetera and had them all go
onto the homeowners asociation property and start transmitting on
their ham radios while physically on homeowners association
property.. This angered and miffed the homeowners association who tried
to gget
them to stop transmitting by saying it is a violation of the
homeowners association rules.

The hams replied that they are not bound by the homeowners
association rules since they never ever signed a contract with the
homeowners association.

Then the big bad homeowners association tried to claim they were
trespassing.

Then the hams replied they were not trespassing since they were gusts
of the ham who got fined and lived on homeowners association property
and were just visiting.

Then the big bad homeowners association tried claiming since they
were guests of the ham who got fined and lives in the hoa building
and are visiting him, that they too are bound by the homeowners
rules even though they never signed any contract with the homeowners
association at all and are in violation of the rules and will be
sued if they refuse to comply with the rules to stp transmitting ham
radio on homeowners association property.

Then the hams replied that even if the ham who got fined was in
violation of the homeowners association rules, that the rest of them
are not in violation because unlike the ham who got fined and
foreclosed on, all their call letters start with the letters NO and
the homeowners association rules plainly state "NO ham radio
transmissions allowed on homeowners association property"


Check into the FCC rules (assuming this is in the USA) as while it's
been a long time if memory serves the FCC preempts HOA rules.

I don't understand. Was the transmitter located in the homeowners house, so
he could transmit by telephone? IOW, did he telephone his own house and talk
over his transmitter from some remote location? If so, then he certainly
broke the associations rules, since obviously it was the transmitter power
they were bitching about and not the physical location of the DJ. Its kind
of like you calling a radio station and talking over the air via your
telephone. You could call from anywhere, but the stations power will still
be there to amplify and transmit your voice with several kilowatts to an
audience.