Hi Jim, Have you EVER read through every word of a typical set of condominium or planned community documents? It's one thing to say that people have a duty to read every word of a document over which they have some power of negotiation and choice. To a considerable degree, though not completely, I agree with you there. It's quite another to hold people to every nuance of a document that they cannot in any way change, and that they cannot effectively avoid. I ask you to try the following experiment. The next time you want to refinance, tell the bank that you want to change one word. Pick some word that has absolutely no effect on the actual meaning of the contract. See if you get your loan :-) There are many places in this country in which finding a decent place to live that does not have restrictive covenants of one sort or another is next to impossible (Phoenix, lots of Florida, much of SoCal, etc.) Of course, if you have a few million bucks to spend, you can get what you want. I don't believe, however, that ham radio should be a hobby limited to the filthy rich. Freedom is a wonderful concept. So is the right to contract. Unfortunately, the two are not completely compatible. It's grand to say that say that people should be free to enter into any kind of agreement they "want". If that were really so, then we would still allow indentured servitude, covenants based on race or religion (I recall that the major reason put forward to support such restrictive covenants back in the 40's and 50's was the right to contract), and usurious interest rates. Some things should be rejected because they violate public policy. PRB-1 is, in essence, a rejection of a set of behaviors (refusal to allow antennas) because they violate public policy. I see no reason why we should not similarly reject the sorts of covenants that one encounters in planned communities and condominiums. Mike Raisbeck K1TWF New England Vice Director ----------------------------------- Law Office of Michael N. Raisbeck Phone: (978) 250-1236 Fax: (978) 250-0432 Web: www.mraisbeck.com Email: k1twf@arrl.net CONFIDENTIALITY NOTICE: This email may contain privileged and confidential information intended only for the above-named recipient. If you have received this in error, you are hereby notified that any use, dissemination, or copying is strictly prohibited. In such case, please notify us by reply email and delete this message. -----Original Message----- From: Jim Weaver [mailto:K8JE@ARRL.org] Sent: Sunday, July 27, 2003 3:14 PM To: arrl-odv Subject: [ARRL-ODV:9178] Re: my friends the HOA Tom, et al., It all comes down to people believing they are signing a contract when they sign a contract. IMHO it is not the fault of the HOA. Rather it is the carelessness and ignorance of the person who gets THEMSELVES into the predicament of violating their contract. Coaches/athletes and City Managers are among the very small percent of the population who can thumb their noses at contracts and win. My feelings, unfortunately, apply to our Amateur Radio friends who sign their "free will" away by using their free will. Jim Weaver, K8JE, Director, Great Lakes Division k8je@arrl.org - Tel. 513-459-0142 ARRL -- The reason Amateur Radio is! GREAT LAKES DIVISION CONVENTION, September 6, 2003: See http://greatlakes.arrl.org