Home owner associations (HOAs) are ubiquitous in subdivisions built during the last 25 years or so. In Duval and surrounding counties, subdivisions are usually classified and zoned as planned unit developments (PUDs). To get permits and government approval, subdivision developers must include plans for road maintenance, utility service, drainage, nature & wetland conservation, recreation, etc.

Over half of Florida's population lives in areas subject to HOAs. Various straw polls indicate that probably 40 to 50% of NOFARS members reside in restricted areas. HOAs are more common in central and south Florida than in north and west Florida.

To approve permits for development of a large land parcel, water management and other government regulators generally require a designated organization to serve as a permit holder/trustee. This is a primary role of a home owner association, usually a non-profit entity. HOAs charge annual assessments to subdivision home owners to cover costs of inspection, repair and maintenance to infrastructure required by permits and to defray operating expenses of other common areas.

During the first several years after a subdivision opens, its HOA is controlled by the subdivision developer (declarant) who imposes conditions, covenants and restrictions (CCRs) by filing them with the county Clerk of Court. Developers are encouraged to establish CCRs by investors and backers of a PUD who think that CCRs increase lot values and provide better collateral security for loans made to developers.

After registering a plat and installing infrastructure like roads, water, sewage, electricity, drainage, pool, park etc.--the subdivision developer may wholesale lots to several homebuilders who contract with home buyers. After a high percentage of lots are sold, generally 75-90%, home owners assume control of the HOA and elect their own officers.

HOAs enforce conditions, covenants and restrictions that may determine the color of your home exterior, types of vehicles parked in your driveway, how many people live in your home, how many pets you have, when you open your garage door, what type of lawn you have, landscaping standards, proper trash can storage, style of mailbox, type of air conditioners allowed etc. And they can typically fine you $100 a day per violation if you don't abide.

CCRs are recorded promises made by each home owner to all other home owners in a defined subdivision and to the home owner association. CCRs are enforceable as contracts. If someone makes an unpermitted improvement to their property--let's say installs an external antenna--any other home owner in the PUD has a cause for direct action in court to enforce compliance.

CCRs are incorporated into the title of a lot. Some CCRs created by older HOAs expired after 20 or 30 years but the trend now is toward permanent restrictions. Even if an HOA is inactive or dissolved, rights and duties listed in CCRs likely remain enforceable between home owners in court.

HOAs generally must approve any changes made to the external appearance of your property, before you make them. Most HOAs frown upon external antennas, a necessity for a functional Amateur Radio installation. Some ban all external antennas except for federally protected small TV dishes. Others may approve low profile set-ups.

Home owner associations are regulated by Section 720 Florida Statutes. These laws limit the power of HOAs and dictate standard procedures for dealing with home owners, ensuring due process and achieving compliance with CCRs.

In planning an outdoor antenna or other site modification in a restricted community, it is wise to understand how your HOA works. You can develop a more effective strategy to get approval for your upgrade.

If someone were to install an unauthorized antenna or other accessory, what might happen?

Any subdivision occupant would have a direct cause of action. Generally, a community management company representative receives complaints by telephone, postal mail and/or e-mail. Photos of violations are important. A management company representative typically visits a subdivision every week or two to verify complaints, look for violations and take photographs.

Those searching for violations are not allowed to trespass on private lots. They may observe from streets, sidewalks, common areas and some easement parcels. After a complaint has been verified and documented, the management representative starts a sequence of sending letters. Management representatives should enforce CCRs uniformly throughout the subdivision. If not, they could be handicapped in a court case.

If a parcel becomes extremely unsightly, by-laws may allow an HOA to hire someone to clean up and then bill the owner. Unpaid assessments and fines may result in liens on a property and eventual foreclosure.

Once a violations committee is appointed by the HOA Board of Directors, the association may begin levying fines. When violations are observed,  home owners must be notified in writing, usually in-person or by postal mail. At least 14 days must be allowed for a violation to be corrected. If corrected, there is no fine. Home owners with uncured violations are usually sent a second letter and given 7-15 additional days to correct.

When an "intent to fine" letter is sent, a home owner must be allowed an opportunity to appear before the violations committee. If a majority of the violations committee agrees with the fine, it stands. If not, no fine is imposed.

A home owner who is unhappy with a violations committee decision may pursue further action. The home owner must agree to mediation. If mediation fails, a lawsuit may be filed. At this point, an attorney experienced in community management litigation should be hired. The losing party often also pays the winners attorney fees; so having a strong legal presence is advisable. If you have a well-prepared case, the HOA may likely wind up paying your attorney and legal costs. The attorney can help determine if your case is weak legally and might subject you to paying HOA legal fees if you lose.

Some expired or inactive covenants may be reactivated if a majority of the owners in a subdivision agree in writing. Revived covenants may not be more restrictive than original ones. New CCRs may be added or changed by an HOA Board, so it is good to stay informed. Home owners may not be excluded from general meetings and must be given time to speak.

With rental property, tenants usually cast votes. Renters are responsible for conforming to CCRs though the landlord may eventually be stuck with fines or liens. Each lot has one vote. In early stages of an HOA, lots owned by a developer may be entitled to 3 votes each. This vote imbalance is diluted as lots are sold to home owners and the HOA is turned over to residents.

Each lot owner or home owner pays an annual assessment which can be changed each year by the Board. With many properties vacant or foreclosed, residents often must pay more to cover expenses. Potential home buyers should closely examine HOAs that operate expensive amenities like pools, club houses, golf courses and other extras.

Each year, an HOA Board of Directors must project a balanced budget. Besides expenses to maintain and operate amenities, funds are budgeted to pay management costs, legal fees, accounting costs, liability insurance, web site maintenance, utility bills, postage, printing, lake and pond maintenance, etc. Projected expenses are divided equally and apportioned to each lot owner as an annual assessment. Some HOAs break this down into monthly or quarterly payments. When unexpected expenses occur, the annual assessment may be raised or the Board may impose an additional "special assessment" on each lot owner. Each owner must pay the amount demanded or face a lien on their property with eventual foreclosure by the HOA.

HOAs may order renters to make monthly payments to the association instead of the owner/landlord in cases involving unpaid assessments and fines on a rental property. Failure to follow this order is cause for renter eviction. HOAs can bar those in arrears over 90 days from using common areas but can't deny property access or parking.

NOFARS member Wade Nield, K4WMN has good advice for those living in restricted subdivisions and developments:

Billy, I always enjoy your articles and was particularly impressed by the HOA article. You did a good job of framing the discussion. I'd like to offer some additional observations on the topic, perhaps as fodder for future articles on the topic.

First of all, like many, I'm a resident in a deed restricted, HOA administered neighborhood. I willingly bought into the neighborhood because I believe the restrictions help to preserve the appearance of the homes and thus contribute to value of the homes and enjoyment of the neighborhood. That said, the restriction on antennas has certainly presented some challenges as it relates to my ham radio hobby. But I'm obviously not alone as it seems that "stealth radio operation" has become one of the hottest topics in the hobby. In fact, it has launched a whole industry within the hobby. There are publications related to the topic, antennas designed to be "low profile" and discussion forums on the internet.

The ARRL publication "Low Profile Amateur Radio" is a good primer to help outline the various antenna options. On the antenna front, there are antennas designed to look like flagpoles, shortened antennas and remote antenna tuners that will load up just about anything including aluminum rain gutters. EHAM.com has a good forum called "Antenna Restrictions" that facilitates the sharing of ideas and offers beginners a great place to ask questions.

For someone considering an antenna installation in a deed restricted community, I'd suggest the "ask for forgiveness, not permission" approach particularly if you intend to take a minimalist approach to antennas. I think asking permission in advance often gets the hobbyist put under the magnifying glass and ensure increased scrutiny of anything they do.

The following is my own story and the results I've enjoyed. When I got back into the hobby about three years ago I was well aware of the antenna restriction as I had served on the HOA board for several years. Not having any large trees in which to hide a wire antenna I started with a 40 meter dipole stapled to the top of a six foot wooden fence in the backyard. The antenna worked surprisingly well, but being limited to one band was frustrating. So I replaced the dipole with an Alpha Delta 40/80 shortened dipole, also mounted on the fence. While I know most hams would argue that such a low antenna would be only useable for NVIS propagation, I have managed to work 41 states and about 35 countries on 40 meters.

I also added an inverted vee 20 meter dipole mounted atop a 20 foot wooden pole hidden behind a tall Juniper bush. With the wire oriented perpendicular to the street, the antenna is virtually invisible from the road. Now I had a decent antenna for 20, 40 and 80 meters, but not the other bands. I solved that problem by installing a 40 meter doublet in the attic that I feed with 450 ohm ladder line attached to a balanced automatic antenna tuner in the shack. On field day I used that antenna to make contacts on every band from 10 to 40 meters. For 2 meters and 70 cm my invisible antenna farm includes a "Ventenna" that looks like a tall plumbing stack and actually mounts over an existing plumbing stack on the roof.

I personally get real enjoyment out of making contacts with such limited antennas. I think having such a setup forces the ham to focus on operating techniques in order to "compete" with the big guns. I've broken through my share of pile-ups and have no problem getting through on nets such as SOUTHCARS, even though I'm sometimes competing with stations with towers, beam antennas and legal limit amps!

I guess the moral to the story is that antenna restrictions don't have to be an impediment to enjoying ham radio.

If you plan to install an outdoor antenna in a restricted subdivision subject to covenants, conditions and restrictions (CCRs) and do not get written approval from your home owners association--be sure to consult an attorney or specialist. The cost is minimal compared to the aggravation avoided.

If your antenna can be removed easily, you may elect to test your antenna placement and then apply for an architectural review endorsement.

Powers of home owner associations and reach of their CCRs are limited by both federal regulators and Florida statutes. In response to many complaints, home owner and resident protections in Florida have improved during the past decade. With over 33,000 HOAs, Florida ranks near the top in number of associations.

On the federal level, the FCC allows any resident without cable service to erect an outdoor television antenna capable of capturing a sufficient signal for adequate reception. At first, only satellite dish antennas, one meter or less in diameter, were guaranteed. But in 2001, protection was extended to include antennas designed to receive local over-the-air (OTA) television signals.

According to 47 Code of Federal Regulations (CFR) Section 1.4000, a television antenna "that is designed to receive local television broadcast signals" is guaranteed regardless of any local laws or private land use restrictions.

47 CFR 1.4000 states "in addition, antennas covered by the rule may be mounted on 'masts' to reach the height needed to receive... an acceptable quality signal (e.g. maintain line-of-sight contact with the transmitter or view the satellite). Masts higher than 12 feet above the roofline may be subject to local permitting requirements for safety purposes."

Limitations exist, though. If one subscribes to cable TV service, this guarantee may not apply. If the community supplies cable service at no additional cost, possibly as part of its overall dues structure, this federal ruling probably would not apply.

But, if cable service is available and a home owner or resident chooses not to subscribe--47 C.F.R. 1.4000 seems to protect a resident's right to erect an outdoor television antenna--dish, Yagi, etc.

If one subscribes to a service that does not include local television stations, that person should be able to install an outdoor system in order to get local programming.

Possibly, if two householders share the same residence and one pays to subscribe to cable, while the other chooses not to subscribe--the non-subscriber might still have a right to install an outdoor antenna for his or her television.

Since most VHF and UHF Amateur Radio antennas have dimensions that are similar to sizes of over-the-air television antennas (and could be used on a shared basis with OTA TV reception), an enterprising operator might be able to take advantage of a loophole. Presumably, one could choose to install a Yagi antenna designed for reception of a single television channel instead of the customary television Log-periodic-vee or similar type of broadband beam.

Furthermore, according to the fcc.gov web site:

"The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property.

"A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.

"A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule. Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. Permits or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible. Although a simple notification process might be permissible, such a process cannot be used as a prior approval requirement and may not delay or increase the cost of installation. The burden is on the association to show that a notification process does not violate this FCC rule.

"Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.

"For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.

"The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.

"The rule applies to restrictions imposed by local governments, including zoning, land-use or building regulations; by homeowner, town home, condominium or cooperative association rules, including deed restrictions, covenants, by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease restrictions. The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest and exclusive use or control."

So it is possible that an HOA might be able to require a home owner or resident to file an architectural review application form before installing an outdoor television antenna, but no significant application cost or delay in granting permission is allowed. Florida statutes also provide that a architectural review application must be acted upon within 30 days or permission is assumed to have been granted and installation may proceed.

Unless one lives in an official historical district such as San Marco, Riverside, Avondale, Springfield, etc, a home owner's request for an outdoor television antenna apparently cannot be denied unless the set-up is demonstrably unsafe.

Most American hams are patriotic and are interested in conserving energy. If you live in a restricted subdivision and favor renewable resources, Florida Statutes can assist you.

Dual-use items are attractive options when planning your outdoor antennas if subdivision restrictions get in the way.

On the state level, Florida Statutes may provide dual-use possibilities for enterprising hams in restricted subdivisions. You are entitled to a flagpole and clothes line under Florida law. If your home owner association doesn't agree, the law is on your side if you meet some conditions.

Florida Statute 720.304 (2) states "(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 1/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the home owner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel."

Clothes lines provide another dual-use possibility for hams seeking an outdoor antenna in restricted subdivisions. Florida Statute 163.04 states:

(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.

(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

Note the language that protects solar collectors and other renewable energy devices. Plenty of possibilities for dual-use items.

Portable basketball goals are ubiquitous in many subdivisions that have covenants, conditions and restrictions  incorporated into home owners deeds. Rules concerning outdoors sports equipment are often ambiguous. Enforcers may likely look the other way when they see portable basketball goals.

Travel through many newer subdivisions and you will probably see numerous basketball goals mounted on wheels, some even in front yards next to the street.

Portable basketball goals make ideal masts on which to mount small VHF and UHF vertical antennas. You may be able to adapt a goal that children and teens shoot basketballs at into a dual-use or multi-purpose item. Your family can shoot basketballs and you can get out better on the air with one piece of equipment.

Make your antenna as unobtrusive as possible and paint it to match the surrounding color scheme. Bolt an antenna that resembles a small flagpole to the top point of the basketball goal. Maybe even put a flag at the top. Plenty of ways that an enterprising ham can get on the air using a basketball goal.

If you are buying a home or lot in a newer subdivision, choose a location in the back or near the edge of a subdivision. At the end of a cul-de-sac road is best.  Homes on heavily-traveled roads draw the most attention. Subdivision home owners are generally most concerned now with maintaining their property values. Eyesores and questionable items on major roads will get violation notices more quickly than properties in out-of-the way areas.

Since Florida law guarantees that a home owner can't be fined by an HOA unless given at least 14 days to cure the complaint, there is little to lose by trying a portable basketball goal antenna. Even a fixed wire antenna that can be removed easily is worth a try, especially if your lot borders on a conservation area or is off the main roads.

Choose a spot which is least visible to neighbors and those driving by. The best location is one from where you can't see any windows or doors except your own. If this is not possible, select the spot where the fewest windows and doors are seen.

Use thin wire and if necessary spray paint it to blend in. Try to hide the transmission line as much as possible. Throw one end of your antenna wire over a tree limb and slope it down. A half-wave sloping dipole is an effective antenna. Unless you plan to run a kilowatt, thread-sized wire will suffice. Use thin nylon twine or fishing line to tie the antenna off. You may have to replace several times a year but this is not a costly installation.

You shouldn't use linear amplifiers or high power in a restricted subdivision. To do so is asking for trouble because most CCRs prohibit nuisance activity. Even if your installation is clean, you will have to go QRT if anyone complains about interference to their television, radio, telephone, alarm, computer etc.

If you do use an amplifier, only activate it for short periods like when trying to break through a pileup or initially establish a contact. Keep it off most of the time. Use CW or digital.

Some basic wire antennas are described in the Balanced Modulator Online http://home.earthlink.net/~bfwillia/page4.html

A reader of a major Florida newspaper wrote: "If enough home owners in a particular subdivision are tired of HOA oppression, they can take over the board and vote themselves out of existence. It's the honorable thing to do."

Is an inactive or disbanded HOA desirable?

Here are some considerations if you are a home owner. If you rent, lease or live in a home that you don't own--these concerns probably do not apply.

Public liability insurance is very important if a subdivision or development includes any "common" area like a park, pool, building, nature trail, clubhouse, sidewalk, etc. HOA administrators are generally responsible for keeping adequate coverage in force. If insurance lapses, big $$$ problems can result for home owners.

Owning a home in a subdivision which does not carry adequate public liability insurance on common areas should cause concern. Also, regulatory obligations usually demand periodic testing and maintenance of drainage systems, wetlands, ponds, etc.

Many subdivisions, especially those constructed since the 1990s, have agreements in force with water management and other regulatory agencies that include obligations to keep utility systems and conservation areas in good repair. To gain approval to build from regulators, subdivision developers usually were required to install a drainage system and to agree to protect & maintain conservation areas (wetlands, natural buffers, upland forests, etc.). The HOA inherits these obligations from the developer upon a designated percentage of lots being sold. A proportionate exposure of liability extends to each home owner in a development.

A subdivision is vulnerable to legal actions and maneuvers. If no valid HOA is active, anyone with legal standing (home owner, regulatory agency inspector, creditor, etc.) can petition a court to appoint a "receiver."

These "receivers" don't tune radio signals. They don't work cheap and they have little incentive to keep expenses low. Each home owner could be on the hook to pay an exorbitant price for little service or benefit. Home owners have no vote in the operation of this "receiver."

Florida attorney Robert Tankel says "receivership is a very painful and expensive process. The receiver will do only what the court allows it to do and charge $150-$300 per hour while not necessarily having the best interest of the community at heart. It would be a tremendous burden and expense."

Both HOAs and receivers have a potentially unlimited claim up to the value of your home and lot. If adequate public liability insurance is not in force, a lawsuit judgment from a "slip and fall," an injury or drowning in a retention pond without posted warning signs or other serious incident in a common area could result in all home owners being assessed.

Besides annual or monthly assessments (dues), an HOA or receiver can levy "special assessments." If someone wins a legal judgment, the winner can attack each home owner for a share of the verdict and possibly additional legal costs. Chances are that your individual home owner insurance policy will pay only for claims that arise from use of your property. Common area coverage is not generally included.

If your share of an assessment is not paid, a lien is placed on your property. When you sell, the lien will be satisfied and in some cases, property subject to a lien can be foreclosed. Check with your insurance agent, attorney or other professional for advice relevant to your particular case.

Reasons to be active in your subdivision home owner association (HOA) include protecting your investment.  A home owner should take an interest to ensure that the HOA administration and board practice financial responsibility. Board members and officers are obligated by law to serve as fiduciaries--meaning they are duty bound to act in the best interest of home owners.

Sometimes, HOA boards are comprised of altruistic volunteers who donate their time and talents. But in many cases, inexperienced, undisciplined or unethical people win office in an HOA, often by default.

Financial health is quickly judged by looking at a yearly budget report. HOAs should make these available in a printed bulletin, online or as handouts at the HOA annual meeting. Of prime interest is the reserve fund size. This should be at least $20-30K for a moderate-sized development with few frills and double or triple that amount if the development includes a community pool, buildings, etc.

Another important figure is the amount of overdue uncollected assessments due to foreclosures, vacancies, bankruptcies, etc. With the current bad economy, these have soared. It is not uncommon for uncollected assessments to be $100K or more. Eventually, these losses will be passed along to residents as assessment increases or service reductions.

The money you save is your own. Expenses for landscaping, decorative fence, common area functions, main entrance signage, lighting and maintenance add up. Even maintenance of retention ponds and drainage systems to state-mandated levels is expensive. A defective swale, weir (small dam) or other drainage device may cost many thousands of dollars to repair or replace.

A competent HOA administration has adequate reserve funds accumulated to cover large expenses. Repairs and projected replacements are planned years in advance. Preventive maintenance to common area devices and equipment is critical to controlling repair and replacement costs.

HOAs in bad financial shape are much less likely to turn lawyers loose on you in court over an unobtrusive antenna. If CCRs forbid antennas though, every other owner still has a cause of action against you in court. If CCRs are duly recorded, these usually prevail unless you hire an effective attorney who is able to exploit a weak point in their case.

If antennas/towers are not specifically prohibited by CCRs, you have a hopeful chance, especially if you receive approval from the architectural review board (ARB).  Observe and ask around. If you apply to a designated HOA contact point and don't get a response in 30 days, you get your antenna by default. Florida Statutes guarantee it. Once ARB permission is granted, it is difficult to rescind unless that permission is in direct violation of CCRs.

Questions from NOFARS members are encouraged. Comments by NOFARS members who live in restricted subdivisions will be appreciated. If you have an external antenna in a restricted community, tell me more. Also I'd like to hear from those who have been HOA officials. Comments to n4uf@nofars.net