Janet Aronson, CAI-NE Chapter

On November 18, the Amateur Radio Parity Act (S. 1685) passed the senate committee on Commerce, Science, and Transportation by a voice vote. While the bill passed the committee, CAI members’ generated over 3,500 emails to the senate committee in opposition of this bill, and legislators responded.

CAI is pleased that senator Bill Nelson (D- FL) and senator Brian Shatz (D-HI) opposed the bill. senator Nelson spoke out against the bill stating S. 1685, “repealed private contracts... overrides guidelines agreed to by residents when voluntarily purchasing their home in a homeowners association”, and that the bill “goes a step too far.” S. 1685 replaces community associations’ guidelines and rules and imposes a federal standard for approval of the installation of HAM radio towers and antennas. If this bill should become law, community associations would lose the ability to create reasonable processes and aesthetic guidelines, which are essential to preserving property values and ensuring the safety of homeowners.

1. Community associations would not be able to require prior approval or to have uniform rules for installation of HAM radio towers and antennas.

2. Community associations would lose the right to apply a critical approval process to ensure compliance with community architectural standards; including safety and aesthetic guidelines.

3. All community association standards for determining installation of HAM radio towers and antennas will be replaced by the Federal Communications Commission’s “reasonable accommodation” standard that mandates installation of HAM radio antennas with no prior approval and no safety certification or restrictions. 

CAI White Paper

A CAI white paper makes several additional points including:

• The uncontrolled installation of HAM radio masts or towers in community associations could have a seriously negative impact on property values.

• The Federal Communications Commission (FCC) has repeatedly rejected petitions to override association covenants to accommodate HAM radio operators, concluding that the agency should not interfere in what are contractual relationships between community associations and their residents.

• The accommodations the legislation requires community associations to make wouldn’t be limited to HAM radio installations. The measure “would allow for masts/towers in all community associations without regard to their purpose.”

• The legislation represents an undesirable and unnecessary intervention by the federal government into the governance of what are supposed to be self-governing communities.

At this point in time, the bill will likely take one of two courses of actions.

1. The companion bill, H.R. 1301, may be referred to the House Energy and Commerce Committee for debate, or 

2. The legislation may be amended and proceed to the senate floor for a vote. 

CAI encourages community association board members and homeowners to contact their senators and members of the house of representative and let them know the negative impact this legislation will have on residents in their district. For more information and CAI’s letter to congress and related white paper visit www.caionline.org.

Janet Aronson, Esq. is the 2015 CAI-NE chapter president, Wellesley, Mass.