Thursday, September 18, 2025

HOA Bill

A ham radio friendly HOA Bill, with your help this can become law


Yes your non licensed neighbors can erect antennas to receive over the air AM/FM and TV signals into their residence. However licensed Amateur Radio OPS are often refused the same permission of erecting even the simplest antenna, simply because they are an amateur radio operator.

The New Ham Friendly HOA Bill will make it illegal to discriminate against us fellow amateur radio ops.

You can read the details here:

YOU CAN HELP US

CHANGE THE LEGAL RIGHTS OF AMERICAN HAMS

The ARRL is focused on reducing legal restraints on the ability of American

Amateur Radio Operators to engage in the active practice and enjoyment of Amateur Radio.

One of the most insidious and increasing threats to the survival of Amateur Radio and our ability to serve our communities and Nation, as we are required to do by Federal regulation, is the proliferation of private land use restrictions that prohibit the installation of outdoor antennas and that sometimes actually deny Federally licensed Amateurs from operating any amateur radios, regardless of where their antennas are located — in their attics, hidden in trees, or mounted on their vehicles.

Federal law — since 1996 — has guaranteed to every American — except Amateur Radio Operators — the right to erect antennas outside or on their residences for the purpose of TV reception, satellite TV and internet access, wireless internet access and even wireless internet redistribution. But Amateur Radio operators are denied the equal right to erect comparable antennas.

Since 2005 Federal law has also guaranteed to every American the right to proudly display the American Flag by installing flagpoles in their yards. But, despite that right to install vertical poles in their yards — American Radio Amateurs are denied the right to use those vertical flagpoles as vertical antennas.

We believe the denial — to licensed Amateur Radio Operators — of the rights guaranteed to all non-Amateur Radio licensed American homeowners — the right to install antennas on the land they own — is without justification and should not be permitted to continue.

To eliminate these private land use restrictions, the ARRL has worked over the past several years with our elected officials to draft Congressional legislation — H.R. 1094 in the U.S. House of Representatives and S. 459 in the U.S. Senate — that when passed will extend to all Hams the right to operate from their homes and the right to install antennas on the land they own. We have bipartisan support for this legislation.

BUT, WE NEED YOUR HELP TO PASS THIS LEGISLATION!!!

How can you help? By sending a letter to your Representative and Senators asking that they co-sponsor and support H.R. 1094 and S. 459.

How can you send these letters? It is easy.

Go to — https://send-a-letter.org/hoa/ — enter your call sign and click on “Send

My Letters” and your letters will be delivered to our Washington legislative team for hand delivery to your Representative and Senators.

Does your individual letter matter? YES.

Your Representative and Senators need to know that the passage of this legislation is important to you.

Your letter could be the difference in whether we are able to pass H.R. 1094 and S. 459.

Go to — https://send-a-letter.org/hoa/ — and help us by sending your letters to your Representative and Senators.

Please share this message with every Amateur Radio OP you know
Every Club as well as YouTube Amateur or Club news sources.

Together we can make a law that reasonably protect fellow amateurs from being barred from our hobby in their own residence.

Any questions please contact 

Steven Lott Smith

Your ARRL North Texas Section Manager

KG5VK@ARRL.ORG

If your Ham Radio Club, yes even non ARRL affiliated clubs, can request a form from myself that your Board members can sign in favor of the Ham Friendly HOA Bill

 Send an email request for the Universal Club Letter for ARRL Legislative Action on the Ham Friendly HOA Bill to


Steven Lott Smith
KG5VK
ARRL North Texas Section Manager
KG5VK@ARRL.ORG


I will forward you the document.


Steve

KG5VK.

FAQs Regarding ARRL's Legislation: H.R. 1094, S, 459 (The Ham Friendly HOA Bill)


FAQs Regarding ARRL’s Legislation: H.R. 1094, S. 459

Who Are The Primary Opponents of Removing The Prohibitions On Amateur Radio?

CAI, the Community Associations Institute, Inc. This national organization, with chapters in 

every State, is the political voice of home owner associations (“HOA”), HOA management 

companies, HOA law firms, and developers. It is rabidly anti-Amateur Radio.

Will the passage of the Legislation negatively impact real estate interests?

• No.

• This bill gives Hams the same privileges that were granted to homeowners in 1996 by 

Congressional action — the right to erect TV antennas, satellite TV dishes, and wireless 

internet antennas — and in 2005 by Congressional action — the right to erect free-standing 

flagpoles. The legislation merely extends those same rights to Hams.

• Twenty-nine years of the right of American homeowners to erect antennas and supporting 

masts, towers, and related equipment on the outside of their residences has proven the 

installation of antennas exterior to residences does not adversely affect the quality of life in 

the residential developments, safety, or home values. 

• The legislation includes specific language preserving traditional regulation by national, state, 

county or city, building and zoning codes.

Why aren’t we attempting to pass this Legislation state-by-state?

The Federal Communications Commission preempts the regulation and use of all radio 

frequencies. It is the reason that cellular telephone service, broadcast radio and television, 

satellite communications, GPS services, police, fire, and military communications are all 

regulated by the FCC. Amateur Radio has been a voluntary federal service since the Radio 

Act of 1927. Radio waves know no state boundaries. Homeowner TV and wireless internet 

antennas were granted relief from HOA restrictions in 1996 (47 CFR § 1.4000). Homeowners 

were granted relief from HOA restrictions against flag poles in 2005 (4 U.S.C. § 5 (note). 

Effective, uniform relief for Amateur Radio, will have to come at the Federal level.


Does this Legislation break contracts between community/HOA associations and homeowners?

• No.

• Private land use restrictions, also known as CC&Rs or deed restrictions are conditions that 

are impressed upon the land and are not subject to being removed by either private citizens 

or community associations. The documents that create these restrictions specifically

prohibit the elimination of the restrictions by negotiation. 

• Approximately 80% of new homes are constructed in developments that are burdened by 

deed restrictions that prohibit Hams from installing antennas on the outside of their 

residences. This means that it has become more and more difficult for a potential purchaser 

to find any alternative housing in newer neighborhoods with access to quality schools, 

which are close to places of employment and that have reasonable access to shopping. 

There are entire cities that are entirely HOA controlled. (Examples: The Villages, FL, and

Foster City, CA – see Hotz v. Rich, 4 Cal.App.4th 1048 (1992).)

• Homeowners, contrary to the claims of the opponents to this legislation, cannot negotiate 

away the anti-Ham prohibitions.

• Private land use restrictions have been stricken by government on many occasions. 

Examples of CC&Rs that were declared unenforceable by state and federal law include: 

• Prohibitions on the display of the American flag

• Prohibitions on the erection of free standing flag poles

• Prohibitions on the installation of solar panels

• Prohibitions on the installation of energy efficient roofing shingles

• Prohibitions on the installation of rainwater collection systems

• Prohibitions on the installation of composting

• Prohibitions on Xeriscaping (desert landscaping – little water)

• Prohibitions on the installation of certain types of turf

• Prohibitions on the presence of certain makes/models of automobiles

• Prohibitions on the installation of clotheslines

• Prohibitions on the right to display political signs

• Prohibitions on the installation of standby electric generators

• Prohibitions on the installation of satellite TV dishes (for TV and internet)

• Prohibitions on the installation of exterior WISP (Wireless Internet Service Provider) 

masts/towers, antennas

• Prohibitions on the installation of VHF/UHF TV masts, towers and antennas


Can community associations/HOAs grant variances from the recorded deed restrictions?

• No.

• As noted, the documents that create the restrictions prohibit the governing associations 

from modifying the restrictions, except by amending and rerecording the deed 

restrictions after approval of a super majority of the residents of the housing 

development.

• This was the reason Congress in 1996 ordered the FCC to create the OTARD (the “OverThe-Air-Reception-Device”) rules that render unenforceable all restrictions on the 

installation of TV antennas, satellite dishes, and wireless internet antennas. 

HOA Bill

 Did you know that some HOA organizations discriminate against Amateur radio ops.....

Yes your non licensed neighbors can erect antennas to receive over the air AM/FM and TV signals into their residence. However licensed Amateur Radio OPS are often refused the same permission of erecting even the simplest antenna, simply because they are an amateur radio operator.

The New Ham Friendly HOA Bill will make it illegal to discriminate against us fellow amateur radio ops.

You can read the details here:

YOU CAN HELP US

CHANGE THE LEGAL RIGHTS OF AMERICAN HAMS

The ARRL is focused on reducing legal restraints on the ability of American

Amateur Radio Operators to engage in the active practice and enjoyment of Amateur Radio.

One of the most insidious and increasing threats to the survival of Amateur Radio and our ability to serve our communities and Nation, as we are required to do by Federal regulation, is the proliferation of private land use restrictions that prohibit the installation of outdoor antennas and that sometimes actually deny Federally licensed Amateurs from operating any amateur radios, regardless of where their antennas are located — in their attics, hidden in trees, or mounted on their vehicles.

Federal law — since 1996 — has guaranteed to every American — except Amateur Radio Operators — the right to erect antennas outside or on their residences for the purpose of TV reception, satellite TV and internet access, wireless internet access and even wireless internet redistribution. But Amateur Radio operators are denied the equal right to erect comparable antennas.

Since 2005 Federal law has also guaranteed to every American the right to proudly display the American Flag by installing flagpoles in their yards. But, despite that right to install vertical poles in their yards — American Radio Amateurs are denied the right to use those vertical flagpoles as vertical antennas.

We believe the denial — to licensed Amateur Radio Operators — of the rights guaranteed to all non-Amateur Radio licensed American homeowners — the right to install antennas on the land they own — is without justification and should not be permitted to continue.

To eliminate these private land use restrictions, the ARRL has worked over the past several years with our elected officials to draft Congressional legislation — H.R. 1094 in the U.S. House of Representatives and S. 459 in the U.S. Senate — that when passed will extend to all Hams the right to operate from their homes and the right to install antennas on the land they own. We have bipartisan support for this legislation.

BUT, WE NEED YOUR HELP TO PASS THIS LEGISLATION!!!

How can you help? By sending a letter to your Representative and Senators asking that they co-sponsor and support H.R. 1094 and S. 459.

How can you send these letters? It is easy.

Go to — https://send-a-letter.org/hoa/ — enter your call sign and click on “Send

My Letters” and your letters will be delivered to our Washington legislative team for hand delivery to your Representative and Senators.

Does your individual letter matter? YES.

Your Representative and Senators need to know that the passage of this legislation is important to you.

Your letter could be the difference in whether we are able to pass H.R. 1094 and S. 459.

Go to — https://send-a-letter.org/hoa/ — and help us by sending your letters to your Representative and Senators.

Please share this message with every Amateur Radio OP you know
Every Club as well as YouTube Amateur or Club news sources.

Together we can make a law that reasonably protect fellow amateurs from being barred from our hobby in their own residence.

Any questions please contact 

Steven Lott Smith

Your ARRL North Texas Section Manager

KG5VK@ARRL.ORG