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Re: [WestMichiganHams] Michigan PRB-1 is now Michigan House Bill 5556

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  • k8mhz@k8mhz.com
    I don t disagree with you Alan, but I think that separating the private and the government aspects will aid the bill s passing. What is the precedent? 27
    Message 1 of 8 , Nov 6, 2009
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      I don't disagree with you Alan, but I think that separating the private and the government aspects will aid the bill's passing.  What is the precedent?  27 other states have passed similar legislation.  Did they include private sector infringements?
       
      Once the proposed bill is passed, and as submitted it likely will, a separate bill addressing private sector infringements should be attempted if warranted by our representatives.  There are implications of such a bill that do not exist within the current proposal.
       
      I will have to point out that your comparison to a forced NEC violation with CC&Rs really isn't a viable analogy.  There is a difference between contracting someone to do something illegal, (which in itself is illegal) and nullifying a contract whose agreement was legal at the time of signing.
       
      Remember, it is legal to put a basketball hoop in your yard and let kids play there and make noise.  What if you hated such noise found a place where an HOA prevented it and you purchased the home with hard earned dollars with peace and quiet as part of the deal?  Then someone comes along and decides they want to violate the HOA because they have a legal right to play basketball 20 feet from your bedroom window at six in the morning and point out that the ham radio person gets to violate the HOA and takes to court the issue that aren't they afforded the same exemption.  It is this sort of Pandora's Box that anyone attempting an acceptable bill will try to avoid.
       
      It's best we take one step at a time and let other states take the lead lest they learn from our mistakes and not vice versa.
       
       
      ----- Original Message -----
      From: Alan NV8A
      Sent: Friday, November 06, 2009 03:14
      Subject: Re: [WestMichiganHams] Michigan PRB-1 is now Michigan House Bill 5556

       

      k8mhz@k8mhz. com wrote:

      > We need to be aware that HOA rules and CC&Rs are basically personal contracts, i.e. agreements, between individuals in specific localities. Those rules can prohibit all sorts of things, towers and antennas just being some of them. What we want to steer clear of is promoting any language that negates an agreement between contractual parties. Realize, that when a person signs papers agreeing to the conditions of an HOA or CC&R, they are agreeing to abide by them. If you participate in an activity that an HOA or CC&R infringes, don't buy the property or move there (if renting).

      But legislation can already override personal contracts. A contract to
      do something that is illegal is void, unenforceable, or ... (I no longer
      recall the precise term from the real estate course I took a few decades
      ago).

      Example: An electrical contractor has employees sign contracts agreeing
      to follow orders even if they violate the NEC. Certainly unenforceable,
      and perhaps the contractor could be prosecuted for such behavior.

      HOA rules presumably do not violate any existing existing legislation,
      but future legislation could certainly set limits to the restrictions
      that a HOA could impose; such legislation might not be retroactive, but
      it could be,

      73

      Alan NV8A

      > Now, a government restriction, on the other hand, is a different animal. There is no agreement between parties. Also, if a bill is introduced to limit the government's ability to infringe an activity, no contracts between private individuals will be voided or come into question. This, I believe, is why the private sector entities are conspicuously absent in the current proposal. It may well be that inclusion of private sector agreements would hinder, if not make impossible, the passing of the bill.

    • n8xxham
      When I wrote the original note, I didn t know how to find the exact bill. Dale Williams, our Section Manager, gave me this link, and instructions on how to
      Message 2 of 8 , Nov 6, 2009
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        When I wrote the original note, I didn't know how to find the exact bill.  Dale Williams, our Section Manager, gave me this link, and instructions on how to use it:

        Go to this website  http://www.legislature.mi.gov/%28S%28lo0zmois0rbpli55fawxbd3l%29%29/mileg.aspx?page=home    and enter the bill number (5556) in the upper left window.  This site will also allow you to track the bill's progress.

        I read the bill as restricting local governments from writing zoning regulations contrary to the Federal PRB-1, and requiring reasonable accommodation for amateur radio towers.  It seems not to apply to Codes, Covenants, and Restrictions (CC&R's) written into private contracts.

        The surprizing part is that it is two pages!  Not 1900 pages as some recent federal bills!

        73 de n8xx Hg

        --- In WestMichiganHams@yahoogroups.com, <k8mhz@...> wrote:
        >
        > I don't see any details or even a link to the document we are supposed to be contacting congress critters about.
        >
        > Did something get missed in the forwarding?
        >
        > 73
        >
        > K8MHZ
        >
        >
        > ----- Original Message -----
        > From: n8xxham
        > To: WestMichiganHams@yahoogroups.com
        > Sent: Friday, November 06, 2009 09:16
        > Subject: [WestMichiganHams] Michigan PRB-1 is now Michigan House Bill 5556
        >
        >
        >
        >
        > Below are details of House Bill 5556 - recently entered into the legislative process in the Michigan House of Representatives.
        >
        > The plea to send letters to your House Representative is real. If you don't know the name of your representative, you may find that info at http://www.michigan.gov/documents/House_state_16750_7.pdf
        >
        > In the more populace counties, where more than one district exists, you may enter your county and zip code at
        > http://house.michigan.gov/find_a_rep.asp
        >
        > There is also a request to send a letter to your State Senator, asking for sponsorship of a similar bill for the State Senate. If you don't know your state senator, you may find that info at
        > http://senate.michigan.gov/2003/senatedistricts.pdf
        >
        > In the more populace counties,see "find your senator" on the general senate site:
        >
        > http://senate.michigan.gov/
        >
        > If each ham writes an e-mail or FAX or letter of support, we may be able to push the legislation forward.
        >
        > Note there is a sample letter reachable from
        > http://www.prb1michigan.org Please download it and modify it to make it your own before sending it along.
        >
        > Please, please help. Thanks.
        >
        > 73 de n8xx Hg
        >
        > --------- Original Message Follows -------------
        > From: Len Todd LenTodd@...
        > To: N8AGS@...
        > Sent: Thu, November 5, 2009 12:08:53 PM
        > Subject: We Have a Michigan PRB-1 Bill! HB # 5556
        >
        > House Bill # 5556, the "Michigan Zoning Enabling Act," was recently forwarded to House Committee. If passed, this Bill will help codify the aspects of PRB-1 into Michigan zoning laws.
        >
        > The Bill also includes a "height clause" (i.e. if we stay below the specified height, local governments are not allowed to challenge us except in unusual circumstances, etc.). For more information and a link to the Bill, please take a moment to review the attached MI PRB-1 Project Status Report.
        >
        > There is a snag, with a Senate version of the Bill. We may need your help getting this Bill sponsored in the Senate.
        >
        > Now is the time to contact your Representatives to ask them to Co-Sponsor the Bill. Their contact information and a sample Contact Letter template can be found at http://www.prb1michigan.org/index.htm.
        >
        > If you wish to be removed from the Project's mailing list, please send me an email stating such, and I will remove you from the list. Thanks.
        >
        > Len Todd, N8AGS
        > MI PRB-1 Project Manager
        >

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