During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which sought to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed, H.R. 1301 was detrimental to an association’s control over aesthetics, placement, and prior approval with respect to Ham Radio antennas. The Federal Legislative Action Committee of the Community Association Institute (“CAI”) took issue with the language and worked with legislators to revise H.R. 1301 so as to better protect an association’s right to control aesthetics, placement and prior approval. The revised H.R. 1301 was approved by the House but never made it through the Senate. Consequently, H.R. 1301 has recently been reintroduced as H.R. 555 and is now pending before the Senate Committee on Commerce, Science, and Transportation.

The revised bill provides that:

• Ham Radio operators are required to obtain consent of an association prior to installation of an outdoor antenna
• Ham Radio operators are prohibited from placing antennas on common property
• Associations may establish written rules concerning outdoor Ham Radio antennas

While an association may not completely ban Ham Radio antennas, the language in the bill provides an association with the power to regulate aesthetics, size, and installation, etc. However, note that H.R. 555 is not yet law, as it must still pass through and gain approval in the Senate and then receive approval from the President. Should this occur, H.R. 555 would then become law. If you have questions regarding the status of a bill, please contact any of our attorneys at (303) 432-9999.

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