My HOA is fining me $100 / day b/c of my DISH! HELP!!!

[fredfa]

Except, of course, by requiring you to sign such an illegal agreement, the HOA is at fault to start with.

It is similar to those parking garages that state on their tickets they are not responsible for any damage to your car, and by accepting the ticket you accept those conditions.

Wrong. By accepting your car, the garage legally accepts responsibility to at least exercise due care -- even if they claim you signed away your rights.

Normally one doesn't have a choice whether or not to sign an HOA -- either sign it or don't move in.

The OP may have acted improperly, but that doesn't allow the hOSA to act illegally. Call your satellite provider (at its corporate HQ) ask for the legal dept, and get a referral for a good local communications lawyer.

One stern letter to your HOA should straighten things out. And when you let them know that you'll be not only winning the battle, but suing the HOA for your legal fees, things may quiet down immediately. It doesn't take a geniius to read the FCC regulations. Even an HOA attorney can do it.

(Of course you may not be the most loved person in your complex....but you'll be seeing the TV you want.)

 

[amrit50]

If you didn't know you had to fill out paperwork, to install a dish and have done it after, most HOA ARC committees will except that as an excuse, if you comply, by filling out what is needed, as soon as you are told. But you must remember it is your responsibility, as a home owner, to know what your convenants are. Some HOA are more lax about letting you go back and correct after the fact others are not.

I did fill out out the paperwork, and they declined the only location the dish could be.

 

[psnarula]

as long as their rule does NOT inhibit you from getting a signal, you must comply by the existing HOA rule

ONLY when their request/rule results in you NOT getting a signal (this must be proved), could the OTARD even be invoked

to summarize, the OTARD does NOT say, 'you can put it anywhere you want'.

thank you for clarifying this.

the issue here is not about the dish itself. rather, it is about where amrit has chosen to place the dish -- on ground level at the corner of his lot where it is clearly visible from the adjacent street (he lives on a corner lot so his back yard is visible from the street). i've been to his house (he's my brother) and i've seen the location. amrit says (and a directv installer has concurred) that the only place on his lot where he can get reception is from the disputed location.

if cutting down a tree would enable him to get reception with the dish attached to his roof, can the HOA require that he trims and/or cuts down a tree?

 

[Mr Tony]

If they request you put it on the back of the house, and it is possible to do so, you have to. If putting it on the back of the house, is going to cause the satellites to be obstructed by trees, then, they have to allow you to put it where you have a clear view of the satellites.

correct. I was one of the "HOA haters" when I first moved into my townhouse but now being the VP of said HOA it seems weird.

As an example, our HOA rules say the dish has to be either attached to the deck railing or the lip of the roof and PREFERRED that it be on the side of the house that is opposite of the driveway (so people driving up the driveways dont see dishes everywhere). BUt if the only way to get reception of the satellites is on the front, then we can't really say anything. The guy on the end has that exact issue. We have trees on the west side of his house so the only way he could get all 3 satellites for DirecTV was in the front of his house. So he out it there.

Whats funny is my 6 foot dish (which isnt covered under OTARD) the HOA didnt mind when I put it out in front of my garage to get some western satellites. I told them "I can't get those satellites on the back of the house" so the dish sat right outside my garage

 

[lou_do]

I have a signed letter from DTV stating that there is NO other location to put the dish. I would have moved it if i could...believe me.

If an installer told you that it will not work where the HOA or ARC Committee wants you to put it, and if they are still telling you to put it in that spot, and it is the case of them ignoring the letter, they are in violation of the FCC ruling.

 

[damaged]

I have a signed letter from DTV stating that there is NO other location to put the dish. I would have moved it if i could...believe me.

If that is indeed the case (that, that location is the only place to get a signal), then you may have a great case, however, if the HOA takes it to the mat (court) you have to be willing to play (get a lawyer and follow through), if the HOA sees you are willing to go all the way AND they know you are covered by the OTARD, then a smart lawyer would back out.

If you don't go 'all the way', then you have little recourse, and the fines will just accrue (if the dish stays up), depending on the HOA agreement, they may have options to escalate the matter, possibly forcing you to hire a lawyer anyway.

 

[Mr Tony]

if cutting down a tree would enable him to get reception with the dish attached to his roof, can the HOA require that he trims and/or cuts down a tree?

who owns the tree. Does he own it or the association? Where I live the ass'n owns them and we can't do anything to the trees

 

[psnarula]

I have a signed letter from DTV stating that there is NO other location to put the dish. I would have moved it if i could...believe me.

what you actually have is a letter from a directv installer. the HOA complained that it wasn't on DTV letterhead, right?

 

[psnarula]

who owns the tree. Does he own it or the association? Where I live the ass'n owns them and we can't do anything to the trees

he owns the tree.

 

[amrit50]

thank you for clarifying this.

if cutting down a tree would enable him to get reception with the dish attached to his roof, can the HOA require that he trims and/or cuts down a tree?

The otard rules state:

"The rule prohibits most restrictions that: (2) unreasonably increase the cost of installation, maintenance or use"

They can't make you cut down trees. It would cost a fortune.

 

[damaged]

The otard rules state:

"The rule prohibits most restrictions that: (2) unreasonably increase the cost of installation, maintenance or use"

They can't make you cut down trees. It would cost a fortune.

The keyword is 'unreasonably', and trimming a tree may (or may not) be considered unreasonable by the court, sure YOU may think it unreasonable, but what YOU think is not what is measured, it is what the court thinks, after all it is YOUR tree, and the only one who benefits from this is you, they are not making you trim the tree, they could just state that they know there is a way for you to get signal somewhere else, and the remedy is for you to trim your tree, and if the tree is NOT the HOAs responsibility, it may not be considered a signal-inhibiting factor (whereas the OTARD speaks of inhibiting factors that _are_ caused by the HOA _directly_) in the eyes of the court or the OTARD.

 

[amrit50]

The letter is on the letterhead of the company that DTV contracted out. The HOA manager even confirmed that he talked w/ the guy on the phone and he told him there was no where else to put the dish....

These trees are HUGE trees, 150' tall. It would require more then a trim.

 

[damaged]

The letter is on the letterhead of the company that DTV contracted out. The HOA manager even confirmed that he talked w/ the guy on the phone and he told him there was no where else to put the dish....

These trees are HUGE trees, 150' tall. It would require more then a trim.

Which brings me back to my first reply, if this HOA is going to play hardass, you need a lawyer if you want to fight this, period, end of story.

 

[psnarula]

the tree isn't 150 feet tall. that would be monstrous. it's maybe 50 feet.

 

[iwc5893]

Boy, does your story sound familiar. We had that same sort of rule in our community, put their by the builders. I advised the ARC committee of which I am a member of, that we had to change that covenant, regarding satellite dishes and antennas. They wanted to know why, and I advised them it was against the law. So they asked our attorney to look at it and he advised the way it was written it truly was against the law. So we re-wrote the covenant to comply with the FCC law it now reads:

Section 26. Antennae, Aerials and Satellite Dishes.​

The Federal Communications Commission has published rules which govern the right of homeowners to receive programming from direct broadcast satellites (DBS), multi-channel, multipoint distribution (wireless cable) service (MMDS) and television broadcast stations (TVBS). The Association is prohibited from the following:
(1) Restrictions that impair the installation, maintenance or use of antennae to receive video programming as well as satellite dishes which are less than thirty-nine (39) inches in diameter.
(2) Restrictions that unreasonably delay or prevent, or unreasonably increase the cost of, the installation, maintenance or use of such antennae, or which preclude the reception of an acceptable quality signal.​

The Association does have the right to regulate the above-described telecommunications equipment with respect to landscaping and safety. When possible, all exterior antennae or aerials shall be placed in the rear or side yard, in such a manner as to be as unobtrusive as possible. Any matter of safety will be handled on a case by case basis by the Association.​

Any homeowner who wishes to install an antenna or a satellite dish should submit a sketch showing its location relative to the home to the Architectural Control Review Committee.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Print a copy of this and take it to the Association's attorney and have him check your covenants to make sure they comply with it: http://www.fcc.gov/mb/facts/otard.html​

I don't see anywhere in the OTARD rules that allow a HOA to regulate a dish installation with regards to landscaping. Safety yes, but appearances no. Also, the requirement to obtain pre-approval from the HOA for the install may also be a violation of the OTARD.

IANAL and YMMV

 

[lou_do]

The letter is on the letterhead of the company that DTV contracted out. The HOA manager even confirmed that he talked w/ the guy on the phone and he told him there was no where else to put the dish....

These trees are HUGE trees, 150' tall. It would require more then a trim.

Tomorrow, try to call this and explain to them your situation. They will instruct you on what you have to do to correct the matter.

Q: Who do I call if my town, community association or landlord is enforcing an invalid restriction?
A: Call the Federal Communications Commission at (888) CALLFCC (888-225-5322), which is a toll-free number, or 202-418-7096, which is not toll-free. Some assistance may also be available from the direct broadcast satellite company, broadband radio service provider, television broadcast station, or fixed wireless company whose service is desired.

 

[Mike500]

First, I'd try to file a complaint with the local Better Business Bureau. As this may seem inpertinent, the HOA is a business associated with your residential complex.

Then, if that fails, I'd file a suit against the HOA ins small claims for the estimated removal costs of the trees. I would also consider the cost or replanting or replacing the trees, since you are denied their future use and the resale value of the trees, if they were desired by a future prospective buyer. I'd also sue for the amount of the fines. This would be up to the limit of the amount allowed in small claims court.

I'd also contact your Congressman and Senator, since the HOA is violating Federal Regulations, which has the effect of Law.

Also, you should write numerous letters to the editor of local newspapers expressing your view.

Also contact each and every one of your local TV stations.

Eventually, I have found, in a lot of situations, the offending party WILL crack.

 

[charper1]

Again, he does not need to do ANY of that until he determines that he has 100% fully complied with his contractual HOA agreement. Including acceptable proof from the acceptable source (likely not just a contract installer), that the dish is in the only place it can be and any other requirements; including pre-notification; which are all LEGAL for the HOA to require. I am telling you110%; you are leading this guy down the incorrect path of hasty and angry resolution that will end up costing him far more than just doing it the RIGHT way.

Now, once he knows 110% that HE did everything he is supposed to do FIRST, and still gets no where; THEN go about getting a lawyer and follow his or her advise.

 

[eandras]

I have one question for the op. Is this a condo, Townhouse, or a single family home. If it is that later than the HOA can go to hell. He has every right to put hte antenna anywhere on his property even if he signed off on the by laws when he purchased the single familyh home. If he pursues this in court he will get puniitve damages from the hoa since they are now harassing him to move or change something on hid home. The covenants are not inforcable because they can be discrimatory i against a potetional buyer which goes against the fair gousing act. The op should pt the dish where evey one can see it. I would assume thaqt the manger doesn't and can't get D* that why he is pursuing it. He is jealous that you have it and he doesn't.

 

[psnarula]

it's a single family home.