HOA CC&Rs ban amateur antennas and FCC PRB-1 cannot preempt them

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Licensed amateur radio operators living in HOA-governed communities are prohibited from installing outdoor antennas by private CC&R covenants. The FCC's PRB-1 ruling (1985) preempts local government zoning from outright banning amateur antennas, but it explicitly does not apply to private CC&Rs. So what? Operators who want to use HF bands from home are stuck with compromised indoor or attic antennas that lose 10-20 dB of signal, making reliable communication impossible on many bands. So what? This means the fastest-growing segment of U.S. housing (HOA-governed developments, now covering 75+ million Americans in 370,000+ communities) is effectively a dead zone for amateur radio. So what? In emergencies, these neighborhoods have zero local HF capability precisely when infrastructure fails. Why does this persist? The Amateur Radio Parity Act (H.R.4006/S.3690) has been introduced in multiple Congressional sessions since 2014 but has never passed, because HOA lobbying groups like the Community Associations Institute oppose it, and Congress treats amateur radio as low-priority compared to commercial spectrum interests.

Evidence

FCC PRB-1 explicitly excludes private CC&Rs (https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/prb-1-2001). The Amateur Radio Parity Act has stalled in committee in the 113th, 114th, 115th, 116th, 117th, and 118th Congresses. Community Associations Institute (CAI) reports 75.5 million Americans live in HOA communities as of 2023. ARRL FAQ on the Parity Act: https://www.arrl.org/files/file/Regulatory/The%20Amateur%20Radio%20Parity%20Act%20FAQ.pdf

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