Forced satellite removal by landlord

[Jimmerinwi]

Sounds to me like the new owner made a deal with the local cable company to have them exclusively. Have seen this before where apt. complexes go only with a cable co.

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[gza808]

you can do this..mount is in the balcony

 

[JM42]

you can do this..mount is in the balcony

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I don't think he can. I think anything that protrudes past the railing can be considered over a common area and prohibited.

The only safe, uncontestable way would be a bucket or similar mount where the entire Dish including arm and lnb are within the balcony.

 

[n0qcu]

I don't think he can. I think anything that protrudes past the railing can be considered over a common area and prohibited.

The only safe, uncontestable way would be a bucket or similar mount where the entire Dish including arm and lnb are within the balcony.

Correct the ENTIRE dish assembly must be in your exclusive area no portion may extend past. The "air space" outside your balcony is considered common area.

 

[Tampa8]

I talked to the principle owner of a couple of smaller apt complexes I saw at Cumberland Farms this morning. He said anything not in the lease is subject to change anytime unless signed paperwork says otherwise. His example was pets. He will allow pets outside the lease. If a problem occurs, the pet has to go. If a neighbor says they are allergic and wants the pet to go, the pet goes. He does it this way so it can be on a case by case basis, otherwise it would be none. Sounds no different than this.

 

[Scott Greczkowski]

you can do this..mount is in the balcony

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No you can't do that. It can not overhang the balcony as that is considered public space, in addition the dish can not be attached to the structure in any way. Which is why I suggest the DISH in a bucket method.

 

[hdflsts2002]

She's on the second floor, with a tree right next to the dish. You'd have to walk on to the neighbor's patio downstairs and look up into the tree to even see her dish as it's mostly hidden from direct view. The fact is that it's one of those landlords who think dishes are ugly and don't want them on their property, laws be damned. The old owners made her get renters insurance and forbade her from drilling holes in the wall to run the cable. Also illegal I believe?

What about the dishes they just arbitrarily took off the roof? OTARD specifically says that if it's the only place the person can get a signal, then that's where it goes. The complex doesn't have space for a dish farm, so that's pretty much out of the question too.

I might be wrong here but as I'm reading this, the roof mounted dishes would have to go as that is a common area and not covered by OTARD

Q: I live in a condominium with a balcony, but I cannot receive a signal from the satellite because my balcony faces north. Can I use the roof?
A: No. The roof of a condominium is generally a common area, not an area reserved for an individual's exclusive use. If the roof is a common area, you may not use it unless the condominium association gives you permission. The condominium is not obligated to provide a place for you to install an antenna if you do not have an exclusive use area.

 

[stardust3]

This whole thread makes me thankful for being a homeowner in the country.

 

[Joe Satellite Fan]

This whole thread makes me thankful for being a homeowner in the country.

X2!

 

[navychop]

When we moved, a major consideration was that there be no homeowners association.

 

[pabeader]

we got our disbanded! it wasn't easy, but it was worth it!

 

[navychop]

Congrats!

A little revolution now and then can be a good thing!

 

[sperry85]

So, if you read the policy carefully, it says patio rail. Yes, the air outside your patio is considered common area, and there is absolutely no way to do a rail mount without some part of the dish extending past the patio. So they can stop you from mounting to the rail. However, they can do nothing about the dish being entirely on your patio on a non-pen mount.

Another option would be inside the house pointing through a window, though you are unlikely to get all 3 orbitals this way, among other issues you may personally have.

Atleast they didn't say they also require renters insurance now as well.

 

[dishcomm]

Hi All,

My mother-in-law lives in an apartment building that was just acquired by a new leasing company. They sent around a notice to all the tenants saying that they have until June 26th to remove their dishes or the landlord is taking them down themselves, possibly costing the tenant money (that's not clear yet). They haven't made any mention of setting up a dish farm or anything, just that the dishes have to go. I thought because of the SHVA that the landlord was required to at least set up a common area if they didn't like everyone having them on their patio or whatever?

The landlord's exact notice is:

"Effective June 26th, 2012 all satellite dishes that have not been removed from the common areas, patio rails or roofs will be taken down starting on June 26th. We apologize for any inconvenience.
Thank you for your cooperation,
Management"

That's it, no mention of any other options? It does not sound legal to me? No mention of contracts or anything?

If any of you legal/ knowledgeable types wish to call and prod them in the right direction they are;

Northstar Management and Consulting
2135 E. Grant Road
Tucson, AZ. 85719
(520) 885-8590

A lot of the residents are seriously freaking out and didn't know where to turn, so I said I would post this for any help you guys can offer.

Thanks,
Mark

Perfectly within the rights of the property owner. According to OTARD, the apartment dweller cannot be denied reception to satellite tv reception provided the antenna is installed completely within the tenant's private space. That is
inside the unit. On the patio or balcony or other part of the property for the exclusive use of tenant. That also means the Dish may not protrude beyond the edge of the patio or balcony.
The property mgr may prohibit antennas from ALL common areas of the property and may prohibit attachments of any kind except non permanent attachments. So roofs, railings walks grass or landscaped areas are taboo.

 

[dishcomm]

Can you mount the dish off the railing on a non-marring bracket (doing no damage) even though it would be 10' or more above a common area?

only if the dish does not protrude beyond the imaginary line from the top of the balcony to the sky

 

[dishcomm]

I'm not a lawyer, but...

If they HAVE a lease, then the terms of that lease should stand until its expiration. The lease should provide all of the terms that both parties should respect. Just because someone purchased the property neither party has the liberty of changing any terms. A local attorney could give you guidance.

Maybe they should be shopping around for their next apartment.

When a property changes hands all previous agreements are subject to change. In cases such as a new ownership, the old leases are redrawn and signed by each tenant that wishes to remain. The only thing that the new owners are careful not to do is to declare all leases null and void.
In any event, the leases are not the issue here. The new owner is asserting his rights.

 

[dishcomm]

If it's in a "private use" area, they can't ask. And that's the point. Why give in?

Not really. According to the OP the antenna is mounted to the railing of the balcony. If any part of the dish protrudes beyond the railing, the owner has the right to demand it's removal or have himself or his agents remove it.

 

[dishcomm]

She's on the second floor, with a tree right next to the dish. You'd have to walk on to the neighbor's patio downstairs and look up into the tree to even see her dish as it's mostly hidden from direct view. The fact is that it's one of those landlords who think dishes are ugly and don't want them on their property, laws be damned. The old owners made her get renters insurance and forbade her from drilling holes in the wall to run the cable. Also illegal I believe?

What about the dishes they just arbitrarily took off the roof? OTARD specifically says that if it's the only place the person can get a signal, then that's where it goes. The complex doesn't have space for a dish farm, so that's pretty much out of the question too.

Don't know about renter's insurance. OTARD specifically mentions "fees". Is insurance a "fee"?
It matters not if the dish is "mostly hidden from view"..OTARD permits a property owner to demand the antenna NOT protrude beyond the tenant's exclusive use space

 

[dishcomm]

She's on the second floor, with a tree right next to the dish. You'd have to walk on to the neighbor's patio downstairs and look up into the tree to even see her dish as it's mostly hidden from direct view. The fact is that it's one of those landlords who think dishes are ugly and don't want them on their property, laws be damned. The old owners made her get renters insurance and forbade her from drilling holes in the wall to run the cable. Also illegal I believe?

What about the dishes they just arbitrarily took off the roof? OTARD specifically says that if it's the only place the person can get a signal, then that's where it goes. The complex doesn't have space for a dish farm, so that's pretty much out of the question too.

The roof is common area. And therefore OTARD does not apply. Also, the property owner has the right to prohibit all permanent and penetrating attachments. That's also in the rules.
Once again, the only place the property owner cannot place restrictions on the PLACEMENT of the antenna is within the confines of the tenant's exclusive use space. That limits it to the inside of the apartment or the patio or balcony.

 

[dishcomm]

I don't think he can. I think anything that protrudes past the railing can be considered over a common area and prohibited.

The only safe, uncontestable way would be a bucket or similar mount where the entire Dish including arm and lnb are within the balcony.

Correct!