[arrl-odv:24610] FW: [N4DAB] FW: Federal HAM Radio Legislation Has Unintended Consequences

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 <mailto:wb4omm@arrl.org> wb4omm@arrl.org From: N4DAB@yahoogroups.com <mailto:N4DAB@yahoogroups.com> [mailto:N4DAB@yahoogroups.com] Sent: Wednesday, August 12, 2015 4:59 PM To: N4DAB@yahoogroups.com <mailto: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 <http://r20.rs6.net/on.jsp?ca=7c76ea5f-46d0-4619-ac03-e3a10a4b8f25&a=1103630347666&d=1121896970550&r=3&o=http://ui.constantcontact.com/images/p1x1.gif&c=fd50f880-526a-11e3-a2b4-d4ae528eb986&ch=fdec0000-526a-11e3-a347-d4ae528eb986> <https://static.ctctcdn.com/letters/images/1101116784221/S.gif> Read how a proposed federal bill could limit Associations' control over architectural guidelines. <http://r20.rs6.net/tn.jsp?f=001hfv6erqeRcEuh3cwej_8sOxR0Kv42syK99gWcLburUFOLAjZubYxIe2L74OctgTtfu9BZYSGgkBcLGLu2XIbRL84araFxZzAtk2ITFHPLF-4hSlOLjqDdQJt63JEcJqAjgwL-ETwdI2vTjj-kots4sGoa1HT9PfRH5PqhZHUzWPc-apFzH-Rgw==&c=GPXbGT8PwMsbtwqwYwnX_nEw9qE6P_CfaSCthF-pln1Pl0wc20H7kQ==&ch=cI8nTea2l4zeUxXJ3EuUuVCXrAkrR1Y2TausRThCf7dpX5MfFvy0pg==> <https://static.ctctcdn.com/letters/images/1101116784221/S.gif> <http://ih.constantcontact.com/fs176/1103630347666/img/239.png> Federal HAM Radio Legislation Has Unintended Consequences - Contact Congress Today to Oppose H.R. 1301 and S. 1685 <https://static.ctctcdn.com/letters/images/1101116784221/S.gif> <http://files.ctctcdn.com/29dae75f001/c9faf469-91d4-4e94-9f94-e8c3c840b4fb.jpg> 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. <http://files.ctctcdn.com/29dae75f001/1ee486c8-e57c-45c7-adb0-b5631766f8b1.jpg> 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. <http://r20.rs6.net/tn.jsp?f=001hfv6erqeRcEuh3cwej_8sOxR0Kv42syK99gWcLburUFOLAjZubYxIWOlHR3bOWiXrhOoekFqx4p-bqm4rRVoY3CdfZhmxWaXbcTELazO0jEXNZqIzgXSg2Vu3DK7paUdUNh4HEPEhmJB92n53GgrqOxgj11nZYu1ExnY0lBcWJ8PZU3m5z8ChTOH0npGPradzsY71djKeVJFrXapqDk3QLK8w8sP6Y7fSdWD5pfYT_-Uz_zdx4ktBvqi9TWH4luE&c=GPXbGT8PwMsbtwqwYwnX_nEw9qE6P_CfaSCthF-pln1Pl0wc20H7kQ==&ch=cI8nTea2l4zeUxXJ3EuUuVCXrAkrR1Y2TausRThCf7dpX5MfFvy0pg==> 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 <mailto:bshess@clayton-mcculloh.com> bshess@clayton-mcculloh.com <https://static.ctctcdn.com/letters/images/1101116784221/S.gif> 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 <http://r20.rs6.net/tn.jsp?f=001hfv6erqeRcEuh3cwej_8sOxR0Kv42syK99gWcLburUFOLAjZubYxIe2L74OctgTtfu9BZYSGgkBcLGLu2XIbRL84araFxZzAtk2ITFHPLF-4hSlOLjqDdQJt63JEcJqAjgwL-ETwdI2vTjj-kots4sGoa1HT9PfRH5PqhZHUzWPc-apFzH-Rgw==&c=GPXbGT8PwMsbtwqwYwnX_nEw9qE6P_CfaSCthF-pln1Pl0wc20H7kQ==&ch=cI8nTea2l4zeUxXJ3EuUuVCXrAkrR1Y2TausRThCf7dpX5MfFvy0pg==> Orlando Office: Maitland - (407) 875-2655 Melbourne Office: Suntree/Viera - (321) 751-3449 <https://static.ctctcdn.com/letters/images/1101116784221/S.gif> __._,_.___ _____ Posted by: "Darrell L. Brock" <dbrock411@cfl.rr.com <mailto:dbrock411@cfl.rr.com> > _____ <https://groups.yahoo.com/neo/groups/N4DAB/conversations/messages/1292;_ylc=X3oDMTJxY2gwYWlmBF9TAzk3MzU5NzE0BGdycElkAzg2MjYxMjYxBGdycHNwSWQDMTcwNTA2MzEwOARtc2dJZAMxMjkyBHNlYwNmdHIEc2xrA3JwbHkEc3RpbWUDMTQzOTQxMzExNA--?act=reply&messageNum=1292> Reply via web post • <mailto:dbrock411@cfl.rr.com?subject=Re%3A%20FW%3A%20Federal%20HAM%20Radio%20Legislation%20Has%20Unintended%20Consequences> Reply to sender • <mailto:N4DAB@yahoogroups.com?subject=Re%3A%20FW%3A%20Federal%20HAM%20Radio%20Legislation%20Has%20Unintended%20Consequences> Reply to group • <https://groups.yahoo.com/neo/groups/N4DAB/conversations/newtopic;_ylc=X3oDMTJmczM0cnA0BF9TAzk3MzU5NzE0BGdycElkAzg2MjYxMjYxBGdycHNwSWQDMTcwNTA2MzEwOARzZWMDZnRyBHNsawNudHBjBHN0aW1lAzE0Mzk0MTMxMTQ-> Start a New Topic • <https://groups.yahoo.com/neo/groups/N4DAB/conversations/topics/1292;_ylc=X3oDMTM1c2MxcDU4BF9TAzk3MzU5NzE0BGdycElkAzg2MjYxMjYxBGdycHNwSWQDMTcwNTA2MzEwOARtc2dJZAMxMjkyBHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTQzOTQxMzExNAR0cGNJZAMxMjky> Messages in this topic (1) <https://groups.yahoo.com/neo/groups/N4DAB/info;_ylc=X3oDMTJmbGlpcmIzBF9TAzk3MzU5NzE0BGdycElkAzg2MjYxMjYxBGdycHNwSWQDMTcwNTA2MzEwOARzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzE0Mzk0MTMxMTQ-> Visit Your Group <https://groups.yahoo.com/neo;_ylc=X3oDMTJlbDFrMDdhBF9TAzk3MzU5NzE0BGdycElkAzg2MjYxMjYxBGdycHNwSWQDMTcwNTA2MzEwOARzZWMDZnRyBHNsawNnZnAEc3RpbWUDMTQzOTQxMzExNA--> • <https://info.yahoo.com/privacy/us/yahoo/groups/details.html> Privacy • <mailto:N4DAB-unsubscribe@yahoogroups.com?subject=Unsubscribe> Unsubscribe • <https://info.yahoo.com/legal/us/yahoo/utos/terms/> Terms of Use . <http://geo.yahoo.com/serv?s=97359714/grpId=86261261/grpspId=1705063108/msgId=1292/stime=1439413114> <http://y.analytics.yahoo.com/fpc.pl?ywarid=515FB27823A7407E&a=10001310322279&js=no&resp=img> __,_._,___

This is the same letter that has been circulating around the country for the past couple of weeks. Chris Imlay has put together materials for House and Senate offices that deals with the misrepresentations and outright falsehoods being drummed up by CAI and their minions. They are obviously concerned at the success we’ve had so far, and they will be making the trip into DC in October to fight the bill. We’ve picked up 94 co-sponsors so far, with a few more committed to be on board after the recess. We’ve done this with just a scant few working on the effort. Imagine what we would have accomplished to date with the help of just a few more. Once again I call your attention to the need to reach out to your members, via the mass-email ability all Directors have, and ask them to write their representatives using the template on the ARRL website AND to also ask that they email and call their representatives, too. The more pressure we can exert will make moving this bill along much easier. Crunch time is now. If we members of the Board are not proactive in this effort, then who is going to get this done? 73 de Mike N2YBB From: Doug Rehman Sent: Wednesday, August 12, 2015 10:01 PM To: ''arrl-odv'' Subject: [arrl-odv:24610] FW: [N4DAB] FW: Federal HAM Radio Legislation HasUnintended Consequences 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 __._,_.___ -------------------------------------------------------------------------------- Posted by: "Darrell L. Brock" <dbrock411@cfl.rr.com> -------------------------------------------------------------------------------- Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1) Visit Your Group • Privacy • Unsubscribe • Terms of Use . __,_._,___ -------------------------------------------------------------------------------- _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv

Chris is correct that the house is not on fire. However, this CAI barrel of b. s. is out there. Please take Mike's advice and urge your members to write, call, e-mail, or all of the above to their Senators and Congressmen. Now. The stacks of letters that have been generated at conventions are tremendously helpful. Thanks for doing that, and please keep it up. Please grab every opportunity to show members how easy and quick it is to advocate for the bills. And how important their individual voices are. 73, Kay N3KN

Presdient Craigie has just asked that I circulate the most recernt version of our CAI rebuttal memo. This memo can be freely shared, quoted from etc. though we have not to date chosen to engage CAI publicly, because they have been almost invisible to date in Capitol Hill offices that we have visited. In only a few has there been any indication that individual HOAs have written their Congressional representatives, though that might change now that CAI has stepped up their level of misrepresentations, and greedly law firms representing HOAs have repeated the misreps in an effort to churn fees. In any case, the information in this memo should be used as you see fit. Perhaps best not to actually use the memo in its present form, but take the information in it and use as necessary. 73, Chris W3KD On Thu, Aug 13, 2015 at 7:05 AM, Kay Craigie <n3kn@verizon.net> wrote:
Chris is correct that the house is not on fire. However, this CAI barrel of b. s. is out there. Please take Mike's advice and urge your members to write, call, e-mail, or all of the above to their Senators and Congressmen. Now.
The stacks of letters that have been generated at conventions are tremendously helpful. Thanks for doing that, and please keep it up. Please grab every opportunity to show members how easy and quick it is to advocate for the bills. And how important their individual voices are.
73, Kay N3KN
_______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
-- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG

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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participants (5)
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Chris Imlay
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Christopher Imlay
-
Doug Rehman
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Kay Craigie
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Mike Lisenco N2YBB