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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). |