Virginia work group hears debate over bill to protect amateur radio antennas in HOAs

Delegate Holly Seabold, sponsor of House Bill 2,542, told the Local Land Use and Community Living Work Group of the Virginia Housing Commission that the bill grew from constituent complaints that homeowners were barred from installing amateur radio antennas in neighborhoods with restrictive covenants.

"It is much more than just a hobby. It is actually a critical role and infrastructure that is proactive during emergencies," Delegate Holly Seabold said, arguing that ham radio operators provide emergency communications capabilities when other systems fail.

The measure would prohibit homeowners associations and similar private covenants from banning amateur radio antennas in areas a homeowner owns or controls. Proponents said federal rules adopted under the Telecommunications Act of 1996 (commonly called OTARD rules) permit small satellite and TV reception devices but do not explicitly cover amateur radio antennas, leaving a gap state law could fill.

Ben Hofstatter, a licensed amateur radio operator and federal employee, told the work group there are about 21,000 licensed amateur radio operators in Virginia and that trained volunteers provide emergency communications through organized programs such as the Amateur Radio Emergency Services. "Even if internet service, power lines, and phone lines are down, amateur radio can still get the message through," Hofstatter said.

Steve Radloff, president of the Selma Estates Homeowners Association and a ham radio operator, showed examples of antennas used in subdivisions and described a range of low-visibility alternatives—from attic-mounted dipoles to wires routed through trees, and flagpole-style antennas designed for discreet installation. Radloff said operators often use such workarounds because covenants make visible outdoor antennas difficult or impossible.

Opponents warned that a statewide mandate could raise constitutional and practical problems. Pia Trijiani, an attorney who represents common-interest communities, told the panel that the federal Telecommunications Act preempts some restrictions but specifically excludes amateur radio antennas from the federal protections adopted in 1996. "It is not addressed in federal law. Therefore, it cannot be preempted by that statute," Trijiani said, and she cautioned that applying a single rule to homeowners associations, condominium common elements and cooperatives could create unintended legal and maintenance problems.

Work group members questioned whether the bill should treat single-family yards differently from condominium common elements and whether other states have adopted similar laws. Members present said they were not aware of a directly comparable statewide statute and urged the bill sponsor to convene stakeholders to narrow the scope and address condo/maintenance issues before returning to the work group.

The work group did not take action on the bill. Chair Delegate David Bulova asked the bill sponsor to engage interested parties and report back so the group could assess whether there is room for consensus.

Ending: The discussion will continue. The work group suggested that Delegate Seabold consult with the Department of Legislative Services and stakeholders from homeowners associations, condominium attorneys, public-safety amateur radio groups and local governments to refine statutory language and identify practical carve-outs for common elements and roofing safety concerns.