Hoa Help!!!!!!

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ShadowEKU

Expert in the Making
Original poster
Supporting Founder
Jul 13, 2004
1,829
0
Frankfort, KY
Ok guys i need some help
Wasnt sure which forum to put it in cause it deals with E* slightly

I have a friend that just got E* about 3+- weeks ago. the installer did a good job except he didnt ground anything at all. I grounded it for him just to save trouble. Anyway we both found out that HD OTA was available in our area. I calle dmy landlord and he said it was cool to get an antenna and mount it (wanted to know what i thought so he might get one) and my friend Decided to try an indoor antenna then a small outdoor, and finally i crawled up on his roof and had to mount a sizeable OTA antenna to get him signal. In kentucky we have too many hills for a low sitting ant to work.

Fast forward 3 days (On a tuesday afternoon)

My friend calls and tells me he has a letter from his HOA saying that Dishes are only allowed in the rear of the houses and that OTA's were not allowed at all whatsoever and he had 10 days to reposttion the sat and remove the antenna. Well I went out with my compass and tried to find a spot on the back of the house that could get signal... No way no how. And my friend really loves his OTA and Dish HD.

I drafted a letter to send to the HOA telling them that the dish has to stay in the front because there is no signal in the back and that the OTA would have to stay pursuiant to the CFR FCC code (dont remember the number right now). I got my friend to sign it and sent it the next day.

10 days have now elapsed and on that 11th day my friend gets a letter from his HOA with a FINE of $1,000 on it and attached is his letter with Rejected written across it. It also says that he has another 10 days to remove the antenna and repostition the dish or he will be subject to a higher fine and court time.

I drafted another letter, complete with attached FCC ruling along with a diagram for the dish proving that no signal could be had in the yard or in back of the house. I called my dad (Luckily a lawyer) and he notarized (SP) the FCC ruling. We even included information about how they couldnt fine over this.

a few days pass and nothing happens. on the 11th day again he gets another letter with both letters and fcc ruling attached and REJECTED written across it. This one includes a fine of 5,000 and the original 1,000. I am really mad at this point.

My friend calls me the next day and tells me taht the resident of his HOA came by and wanted to discuss the situation I told him to wait till i got there. ( I thought great a real person to talk to and theyll straiten it out ) I took my dad and we went out to his house. The president finally agreed that the dish could remain in place because of the situation but the antenna had to go without exception. My dad told him that they cant fine against this and even pointed out the part in the law against this. He then said that the HOA superceeds the federal law. Which my dad pointed out the part in the FCC rule that states it superceeds HOA. The president left saying See you in court.

That was Last night. Im at a loss for words here in knowing what to do. I went to bat with a landlord before but it never actually made it into court. what do you guys think we should do?
 
Not only is he wrong the fcc law states he will have to pay all court and attorney fees. :D
 
ShadowEKU said:
My friend calls and tells me he has a letter from his HOA saying that Dishes are only allowed in the rear of the houses and that OTA's were not allowed at all whatsoever and he had 10 days to reposttion the sat and remove the antenna. Well I went out with my compass and tried to find a spot on the back of the house that could get signal... No way no how. And my friend really loves his OTA and Dish HD.

A dish can be placed on a part that is his exclusive area and as long as it isnt greater than a meter (even the SD qualifies), the HOA is in the wrong. If you cannot get it signal on the back of the house, then they cannot prevent you from putting it somewhere else (as long as he owns....rent is different)

I drafted a letter to send to the HOA telling them that the dish has to stay in the front because there is no signal in the back and that the OTA would have to stay pursuiant to the CFR FCC code (dont remember the number right now). I got my friend to sign it and sent it the next day.

10 days have now elapsed and on that 11th day my friend gets a letter from his HOA with a FINE of $1,000 on it and attached is his letter with Rejected written across it. It also says that he has another 10 days to remove the antenna and repostition the dish or he will be subject to a higher fine and court time.

I'm assuming you're talking about this?
http://www.fcc.gov/mb/facts/otard.html

I drafted another letter, complete with attached FCC ruling along with a diagram for the dish proving that no signal could be had in the yard or in back of the house. I called my dad (Luckily a lawyer) and he notarized (SP) the FCC ruling. We even included information about how they couldnt fine over this.

a few days pass and nothing happens. on the 11th day again he gets another letter with both letters and fcc ruling attached and REJECTED written across it. This one includes a fine of 5,000 and the original 1,000. I am really mad at this point.

My friend calls me the next day and tells me taht the resident of his HOA came by and wanted to discuss the situation I told him to wait till i got there. ( I thought great a real person to talk to and theyll straiten it out ) I took my dad and we went out to his house. The president finally agreed that the dish could remain in place because of the situation but the antenna had to go without exception. My dad told him that they cant fine against this and even pointed out the part in the law against this. He then said that the HOA superceeds the federal law. Which my dad pointed out the part in the FCC rule that states it superceeds HOA. The president left saying See you in court.

That was Last night. Im at a loss for words here in knowing what to do. I went to bat with a landlord before but it never actually made it into court. what do you guys think we should do?

As long as the OTA antenna is no more than 12' above the roof, there is nothing the HOA can do.

Again, I ask...does he own?

I had the same crap with my HOA...I have 5 dishes on the edge of the roof and an antenna on a 10' pole bolted to my deck and the HOA passed a rule saying one dish and no antenna's. Its funny because in Minneapolis, some locals are on the 2nd dish. I showed him the above FCC rule...and magically the rule got changed the next month. (the dish has to be on your dekc or the edge of the roof. Antennas are allowed)

As long as he is doing everything right, the HOA cannot prohibit him from doing this.

Q: What types of antennas are covered by the rule?

A: The rule applies to the following types of video antennas:

(1) A "dish" antenna that is one meter (39.37") or less in diameter (or any size dish if located in Alaska) and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

(3) An antenna that is designed to receive local television broadcast signals. Masts higher than 12 feet above the roofline may be subject to local permitting requirements
 
He is in total compliance with the FCC i think its 10' on the Ant but its in there. The president did agree to leave the dish in place its just the antenna thats the problem....yes he owns
 
Pursue this to the end and don't cave in. Keep us posted. These stories are like Satguys soap operas. :)
 
Shadow,

I am vise pres of my HOA and I can tell you this guy is absolutely wrong. The FCC ruling is clear and air tight. The HOA board has periodic meetings and any home owner can attend and request a few minutes to speak. Ask your friend to request time to speak at the next meeting or contact all the other members and present his case, the president does not simply have the final say. They need to understand this can cost the HOA quite a bit if they will not listen to reason.

In this situation:
1. The HOA must prove, at thier expense, the home owner can get a better signal by mounting the dish on the back of the house.
2. The HOA can in no way restrict the home owners ability to recieve OTA TV signals via rooftop antenna.

PS. Geeez, give some people a little power and they think they are pres of Unites States.
 
Here's the nice part - the HOA will spend big money on their lawyer, but if you've got any real sensibilities, you can represent yourself in local court (especially with a lawyer coaching you :)), and sometimes pick up bonus points from the judge. It's worked for me more than once.
 
The HOA is wrong ... that ruling (OTARD) provides for the antennas as long as they are no larger than 36" in DIAMETER. Since we all know this I am not sure why I am posting other than to say you are correct the HOA is wrong.

Now on the dish, the HOA CAN TELL HIM WHERE TO MOUNT as long as he CAN RECEIVE SIGNAL from that point. HOA's have the right to govern where the dish can go, but you have already stated there is no signal there and the HOA cannot prevent him from receiving OTA or SAT signals.

On the OTA, can he use an indoor? I only ask because this may keep him from ticking off the neighbors ;)
 
slacker9876 said:
The HOA is wrong ... that ruling (OTARD) provides for the antennas as long as they are no larger than 36" in DIAMETER. Since we all know this I am not sure why I am posting other than to say you are correct the HOA is wrong.

technically the rule is one meter (39.XX inches). Reason I say it is I was thinking of upgrading one of my dishes to a 1 meter and this is still covered.

On the OTA, can he use an indoor? I only ask because this may keep him from ticking off the neighbors ;)

In his original post, he said it didnt work (due to terrain)
 
thanks everyone I think I can make him realize waht is going on. I knew we were right just wasnt sure how to proceed. My dad being a lawyer has already agreed to represent him. And if the court awarded some kind of lawyer fees he would take it but it would be free otherwise. My dad is a JAG (for the USAF) so hes not a scumbag lawyer for those of you who thought this. Im 99.9% sure that everything he as is within all the stipulation and his dish is the standard Dish 500 Pro dish. thanks everyone.. I shall call my friend after work today.
 
I would not worry about it. IF the HOA has an attorney that is even moderatly competant, the attorney will explain to them they have no legal leg to stand on.
I to am a member of a HOA board and I am the negihborhood OTA expert only because I was first to put an Antenna on my roof.
 
Sorry I meant to update this last week.

The HOA's attourney told them not to let this go to court. All fines and such were dropped and the president of the HOA now doesnt have any legs to stand on.
 
Be sure to attend all HOA meetings and make a motion at each one to have the President replaced due to incompentence.
 
ShadowEKU said:
Sorry I meant to update this last week.

The HOA's attourney told them not to let this go to court. All fines and such were dropped and the president of the HOA now doesnt have any legs to stand on.


Wow! I just got to read it ALL today. It really felt like a soap opera!!!! :D congrats on wining it!!! :yes
 

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