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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I live in Ladera Ranch California in a community with an

Customer Question

I live in Ladera Ranch California in a community with an HOA. Can they restrict me from putting up a ham antenna.
Thanks,
***** *****dal
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

It is possible for an HOA to restrict your construction of an aerial antennae.

Unfortunately, deciphering whether or not your specific HOA rules prohibit this construction can be a bit frustrating (these rules can be in the CC&Rs, the By-Laws, the Architectural Design Guidelines, or any number of other documents (all with the same function, but with slightly different names).

If the HOA cannot identify a specific clause or provision in one of their governing rules that prohibits the construction of this device, I would consider whether or not they are engaged in "arbitrary and capricious" enforcement (also called "selective enforcement") where a Board attempts to prohibit certain conduct by a minority of members, or allow prohibited conduct by certain favored members. This is not proper and you can sue the HOA (either under your own governing documents, the CA Davis Stirling Act, or both).

Fortunately, the Davis Stirling Act entitles you to recover your attorney's fees if you prevail in a suit against your HOA, so it is usually worthwhile to speak to a local civil litigation attorney - but make sure to check to see that they do have experience with HOA law and the Davis Stirling Act.