Georgia HOA & Community Association Law Resources

New Proposed Federal Legislation Would Invalidate Restrictions on Amateur Radio Towers and Antennas

The national Community Associations Institute (CAI) has been following an issue in Congress that could potentially impact community associations across the country.

Specifically, last month, U.S. Rep. Adam Kinzinger (R-IL) introduced H.R. 4969, legislation that would invalidate community association rules and architectural standards that govern the installation and use of amateur radio towers and antennas.

If H.R. 4969 becomes law, homeowners who want to install a radio tower or antenna for amateur radio use would not have to go through the architectural review process or follow existing community guidelines.

CAI has initiated a campaign to preserve the rights of America’s community associations with regard to amateur radio towers and antennas.  For those of you interested in this issue, please find a message from national CAI below.  If you wish to help prevent H.R. 4969 from becoming law, you can contact your member of the U.S. House of Representatives today to ask them:

  1. Not to co-sponsor H.R. 4969
  2. Oppose H.R. 4969 if it comes up for a vote

Message from CAI National:

H.R. 4969 is a highly controversial federal government intervention into the basic private contracts that establish and govern community associations without any demonstration of a clear and compelling national interest.

H.R. 4969 requires the Federal Communications Commission (FCC) to amend its Code of Federal Regulations to invalidate sections of community association covenants that apply to installation of radio towers and/or antennas for amateur radio use.

With limited exception, all community associations will be prevented from governing installation of HAM radio towers and antennas if H.R. 4969 becomes federal law.

CAI recognizes the importance of amateur radio users’ assistance during a disaster or emergency. Importantly, CAI notes that amateur radio users’ success in assisting with communications during a disaster or emergency has not been inhibited by covenants created by neighbors in the community associations in which they have chosen to make their home. A 2012 study by the FCC reached this conclusion, too.

The FCC has rejected five official requests by amateur radio operators to relieve them of their contractual obligation to follow community procedures concerning the installation of radio towers and antennas. The FCC has determined there is no compelling national interest to warrant invalidating contractual agreements between private citizens.

On behalf of the 65 million Americans who choose to live in their community associations, CAI must oppose H.R. 4969 to preserve the model of communities allowing neighbors elected by neighbors to create and enforce covenants for the betterment of the community as a whole.

Please act today! Contact your member of the U.S. House of Representatives and use the template we’ve provided or draft your own message to urge your member of Congress to oppose H.R. 4969. Click here to use the template.

With your support, CAI members will continue creating communities in America that are preferred places to call home.

Dawn M. Bauman, CAE
Senior Vice President, Government Affairs
Community Associations Institute

For further information and history on this issue, please click here.

Nowack Howard

About the Author

Nowack Howard

Community Association Attorneys

We are a full-service law firm dedicated to serving the needs of community association boards with in-house general servicing, collections, and litigation teams.