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Ham Radio Antennas and Towers in Community Associations – U.S. House of Representatives Passes Compromise Bill

Dawn Bauman - 9/14/2016

 

On the evening of Monday, September 12, the U.S. House of Representatives approved the CAI compromise version of H.R. 1301 by voice vote. The Senate must also vote to approve the legislation if H.R. 1301 is to be presented to President Obama for his signature.

Community Associations Institute opposed H.R. 1301 as introduced, which preempted association restrictions on ham radio and drastically limited association architectural control of amateur radio antennas.

CAI's Federal Legislative Action Committee was able to secure key changes to H.R. 1301. These amendments include:

  • ham radio operators are required to obtain the prior consent of the association to install an outdoor antenna

  • ham radio operators are prohibited from placing antennas on common property, and

  • associations may establish written rules concerning outdoor ham radio antennas.

The compromise legislation will permit community associations to establish and enforce reasonable written rules concerning the installation of ham radio antennas. While these rules must be designed and enforced so as to permit installation of an effective antenna, associations may require that ham antennas meet height, location, and aesthetic standards.

With national elections in full swing, the Senate has a limited schedule prior to adjourning sine die in December. If the amended version of H.R. 1301 does not become law in 2016, the bill must restart the legislative process when the 115th Congress convenes in January of 2017.

Here is a copy of the amended bill.​

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