This is the exact language that CAI has been sending out. Apparently the law firm that allegedly "monitors Federal legislation" does so by repeating false statements of an association without any fact checking. Oh well maybe they are scaring their clients enough to generate some fees for themselves. I suspect that the law firm is a member of CAI. Still, it does not seem to translate to many HOA letters to Congress and no in-person visits. We have a mole within CAI who reports that CAI's strategy is to ask HOAs to write their representatives and so far not much else. Chris Sent from my iPhone
On Aug 12, 2015, at 10:01 PM, Doug Rehman <doug@k4ac.com> wrote:
This was passed to the NFL SM who passed it to me. I like the EME array…
Doug K4AC
From: Stephen W. Szabo [mailto:sszabo1@cfl.rr.com] Sent: Wednesday, August 12, 2015 5:21 PM To: doug@k4ac.com Subject: FW: [N4DAB] FW: Federal HAM Radio Legislation Has Unintended Consequences
Might want to pass this info up to HQ. Steve
73!
Steve Szabo WB4OMM NFL Section Manager ARRL, The National Association for Amateur Radio™ 386-566-2085 wb4omm@arrl.org
From: N4DAB@yahoogroups.com [mailto:N4DAB@yahoogroups.com] Sent: Wednesday, August 12, 2015 4:59 PM To: N4DAB@yahoogroups.com Subject: [N4DAB] FW: Federal HAM Radio Legislation Has Unintended Consequences
Gentlemen - below is an email from a Central Florida law firm that represents home owners associations throughout the State. I believe that they have misrepresented the provisions of the pending HR1301/ S1685 legislation dealing with private land use regulations. We are probably all aware that this legislation would, if it passes, require private land use restrictions to make the same reasonable accommodations for ham radio antennas/towers as PRB-1 requires local governments to make. It would not over ride the ability for HOA's, their architectural committees, etc., to be involved in the approval process - so that monster arrays such as depicted below could still be prohibited. I forward this email to you to encourage you to write your local congressman and senators in support of the pending legislation if you have not already done so, and to make you aware of the scare tactics that "the other side" is putting out there. Darrell, N4GOA
Read how a proposed federal bill could limit Associations' control over architectural guidelines.
Federal HAM Radio Legislation Has Unintended Consequences - Contact Congress Today to Oppose H.R. 1301 and S. 1685
Dear Association Members & Managers:
As you may be aware, Clayton & McCulloh consistently monitors proposed legislation not only in the Florida state legislature, but also on a federal level, in Congress. While this bill is still very much subject to change, we are concerned with the current proposed language of H.R. 1301, in the House of Representatives, and its companion bill in the Senate, S. 1685, regarding HAM radio towers and antennas. The current language of these bills preempts community associations' architectural guidelines and rules related to installation of HAM radio towers and antennas. If the legislation passes (and it is moving forward in a way that is threatening), community associations would not be able to require prior approval for 70' HAM radio towers and antennas, nor would community associations have the ability to create reasonable processes and aesthetic guidelines. In other words, similar types of restrictions on regulation of satellite dishes and certain types of aerial antennas by Associations could be applied to HAM radio if these bills are approved.
HAM radio enthusiasts indicate this legislation is needed so they may respond to and assist in communication during disasters. The truth is HAM radio enthusiasts who aid the public interest often do so at the site of a local disaster with portable equipment. They are not required to have permanent equipment, such as towers and antennas, at their residence in order to assist in communications during a disaster; especially when such towers and antennas may pose a health and safety risk to their neighbors during the same disasters.
The vast majority of community associations allow HAM radio operators to pursue their hobby if they follow community guidelines. This legislation, quite simply, is about taking that power to regulate their own associations away from the owners in their community and placing that power with the Federal Government.
This HAM Radio legislation currently has 86 co-sponsors in the House of Representatives (H.R. 1301). If you don't want tall towers in your community, we recommend that you contact your Members of Congress today and ask them to oppose H.R. 1301 (in the House) and S. 1685 (in the Senate). Contact your U.S. Representative and U.S. Senators today and ask them to oppose all legislation prohibiting community association review or approval of HAM radio towers and large, fixed antennas by clicking here. Thanks to the Government Affairs department at the Community Associations Institute for providing this convenient contact link.
Thank you for your help in trying to make sure that our communities are protected from those who attempt to damage the self-governance model of America's community associations.
Brian S. Hess, Partner Clayton & McCulloh, P. A. Melbourne Office: (321) 751-3449 Orlando Office: (407) 875-2655 Toll Free: (888) 793-1486 bshess@clayton-mcculloh.com
About our Law Firm
Clayton & McCulloh currently represents hundreds of Associations throughout Central Florida. We are a full service Community Association Law Firm providing legal counsel to the community for nearly 30 years.
You are receiving this email because you are either a Client, a Client's Association Manager, or you have signed up to be on our Mailing List.
www.clayton-mcculloh.com Orlando Office: Maitland - (407) 875-2655 Melbourne Office: Suntree/Viera - (321) 751-3449
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