HOA Question

browerjs

SatelliteGuys Family
Original poster
Sep 5, 2007
76
0
Beavercreek, OH
I have a quick question about what a HOA can/cannot do. I'm moving into my new house next week, where we are supposed to get Dish placement approved, but this can take up to two weeks (because the developer, who has final say on things like this only meet every two weeks), and you can usually just send them the placement after the install, and they'll approve it (my old house was in the same HOA).

Anyways, I see two options of where I'll be able to have my dish installed.

1. On the ground on the opposite side of where my coax runs in the house are terminated. This installation spot would take probably 150' of coax ran outside, where I'd want it buried.

2. On the roof right above where the coax comes into the house and the in-house runs terminate. Now my roof has a decent pitch to it, so I'm not sure if this is even a viable option for the 1000.2 install (i live near Dayton, OH).

The Developer would definately prefer Option 1, and I probably will too if the installer does actually bury the cables. But if the installer says that Option 2 is the best, I'd go with it. Now if I read the FCC law correctly it basically tells me that I can install my dish in the best spot as possible (which the installer would be able to tell me) and I don't have to wait for a long time for pre-approval. So I'm thinking if I do go with the roof install, I'd be in my right, no matter what the HOA/developer has to say. I really don't think it'll be an issue, as there are plenty of homes in the neighborhood that have dishes mounted on the roof. I just want to be prepared for any problems I may have.
 
Basically, if you own the roof, you can put a dish on the roof. Don't see why the HOA would have any say over this.

We have a Design Review Board, which is ran by the developer. They basically have to approve anything you do on the outside of your home, including perrennial landscaping, paint colors, etc., etc.. Of course most people don't actually get approval, but it saves the neighborhood from someone painting their house pink.
 
If you have read the OTARD rules, then you know that a HOA can only suggest where to place your dish - the HOA cannot dictate placement. If others in this development already have a dish on their roof, then the precedent has been established and you will have no problems.
 
from the FCC rules:


"For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. "

and

"A: For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.

The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.
"
 
if you own your roof, then mount it on your roof. show up to the next hoa meeting, bring up the topic, then if they still decline, advise that if they wasted everyones hoa dues on a legal battle that is a sure loser that it may look poorly on them. put them on the spot in front of due paying members who do not want their dues wasted on a lawyer over a dish.
 
If you live where it snows, keep the dish on the ground. Easy to brush the show off and get signal back.
 
Basically, you have to try and comply with the HOA's installation restrictions so long as those restrictions don't prevent getting the signal or add excessive costs to the install. Since you're in OH, I recommend a dish install you can get to easily in case of snow buildup, etc. If you want to make sure the lines get buried, have a trench ready for the wires to go in. Also, schedule a Call B4 Digging so that you know where the utilities are ahead of time, otherwise a pole mount might be rescheduled. I believe the call before you dig national number is 811.
 
Use to live up north in Ohio and never had snow issues because the Dish was on the South side of the house. Between the wind and daytime sun, never had any problems. Of couse trees in the Summer time, that is a whole nother issue.
 
Now if I read the FCC law correctly it basically tells me that I can install my dish in the best spot as possible
That's not what it says, it says the HOA has to let you install it where it will get a full signal. They can prohibit locating it where you believe is best if it will work somewhere else with reasonable effort.
 

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