LinkBack Thread Tools Search this Thread Display Modes
Prev Previous Post   Next Post Next
  #13   Report Post  
Old August 15th 14, 12:23 AM posted to rec.radio.amateur.moderated
external usenet poster
 
First recorded activity by RadioBanter: Jul 2013
Posts: 46
Default USA HR-4969

In article ,
KC4UAI wrote:

I was wondering though. Given the section on antennas in my
CC&R's is largely illegal now that they where preempted
by the FCC, could one argue that because the section is
illegal, it cannot be enforced?


Thought 1 - check for a "severability" clause.

Thought 2 - the fact that parts of the section have been preempted,
doesn't mean that they're "illegal" - simply that those specific
sections cannot be enforced. There's no illegality (crime) in those
sections being present in your CC&Rs, but they've been de-fanged.

If your HOA were to try to enforce the preempted sections, and
persisted in doing so even after being formally advised that these
sections have been preempted, you might be in a position to
counter-sue the HOA (for your costs, at least), and perhaps get a
court order enjoining them from further attempts to enforce.

I really doubt that any of this would help you, in dealing with the
application of these rules to antennas which don't qualify for the
OTARD preemption (e.g. ham antennas).


 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules

Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT +1. The time now is 03:49 AM.

Powered by vBulletin® Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright ©2004-2025 RadioBanter.
The comments are property of their posters.
 

About Us

"It's about Radio"

 

Copyright © 2017