HOA says move dish

olds403

SatelliteGuys Pro
Feb 3, 2009
262
172
michigan
That is the problem with HOA's, the delayed responses. When we were dealing with my wife's broken ankle I parked my car in the street as she parks in the garage (and I park in the driveway) and it was easier as we were only using one car.

Did that for a week, and then moved my car back to the end of the driveway and decided to just back around it. A week after I started parking in the driveway again, I got a notice from the HOA about overnight parking on the street. Doesn't help that the HOA is based in Arizona, I live in Michigan.

I also have a next door neighbor that is the neighborhood Nazi, notifying them of violations in the neighborhood, so that doesn't help. There are definite drawbacks to HOA's.
 

chiodo

SatelliteGuys Pro
Pub Member / Supporter
Aug 17, 2005
475
165
Pacific NW
I had a similar issue with HOA, I had a 1000+ dish mounted on a pole on my Patio, what was thought to be Limited Common Element, (for my exclusive use) , I even got permission from the HOA to pour in a new concrete patio as it was just dirt and some grass that turned into mud every time it rained, 11 years later I get a letter from a Law firm representing the HOA, to remove the pole and dish and all the concrete on the patio and restore it back to the way it was previously, I had 60 days to do it or they would do it and sue me for the expense. After a review it was found that my patio was registered as Common Property and not Limited Common Elemen, when the property plan was registered at Land Title Office, the drafted plan showed it as Ltd. but that was not what was registered 15 yrs prior. Anyhow after talks with my lawyer, I decided to fight this, but also contacted several concrete cutting contractors to remove the patio, all of them were too busy to even bother providing me a quote for less that 800sq ft of concrete as it wasn't worth their time or effort for such a small job, So I decided to wait for the HOA to try and do it, of course they ran into same issue, although One contractor did show up but knew there was a dispute between me and my HOA, and he agreed with me and refused the job, stating it wasn't worth his time. Then I served my HOA with a court summons to sue them for all this. But my lawyer also advised me that selling my Condo would be the easiest and cheapest way of settling this. So that's what I did, I sold it and of course once I sold it, I had to leave $10k in trust to pay for concrete removal, the HOA had 1 year to remove the concrete. Otherwise I get my $10k back, well just over a year later I finally got my $10k back and the HOA decided that they liked the new owner of my condo and decided to drop the whole matter, mainly since No more Satellite dish existed. I got a good enough price for my Condo I was able to buy a House in a small town, never again will I move into an HOA.
The HOA could do this because when they approved the concrete 11years ago, they didn't take it up for a majority vote with the other owners, for approval which was required. The HOA at the time just approved it, that wasn't my fault but it would take years to get to court and no guarantee I would win or get my legal fees back. I dropped the lawsuit after i sold the condo, had to for them to approve the property transfer. This whole incident started when a few enemy neighbors got elected to the HOA council and decided to make my life difficult. Bottom Line avoid HOA's if at all possible.
 

Cheddar_Head

SatelliteGuys Pro
Feb 13, 2008
571
741
Colorado Springs
I had a similar issue with HOA, I had a 1000+ dish mounted on a pole on my Patio, what was thought to be Limited Common Element, (for my exclusive use) , I even got permission from the HOA to pour in a new concrete patio as it was just dirt and some grass that turned into mud every time it rained, 11 years later I get a letter from a Law firm representing the HOA, to remove the pole and dish and all the concrete on the patio and restore it back to the way it was previously, I had 60 days to do it or they would do it and sue me for the expense. After a review it was found that my patio was registered as Common Property and not Limited Common Elemen, when the property plan was registered at Land Title Office, the drafted plan showed it as Ltd. but that was not what was registered 15 yrs prior. Anyhow after talks with my lawyer, I decided to fight this, but also contacted several concrete cutting contractors to remove the patio, all of them were too busy to even bother providing me a quote for less that 800sq ft of concrete as it wasn't worth their time or effort for such a small job, So I decided to wait for the HOA to try and do it, of course they ran into same issue, although One contractor did show up but knew there was a dispute between me and my HOA, and he agreed with me and refused the job, stating it wasn't worth his time. Then I served my HOA with a court summons to sue them for all this. But my lawyer also advised me that selling my Condo would be the easiest and cheapest way of settling this. So that's what I did, I sold it and of course once I sold it, I had to leave $10k in trust to pay for concrete removal, the HOA had 1 year to remove the concrete. Otherwise I get my $10k back, well just over a year later I finally got my $10k back and the HOA decided that they liked the new owner of my condo and decided to drop the whole matter, mainly since No more Satellite dish existed. I got a good enough price for my Condo I was able to buy a House in a small town, never again will I move into an HOA.
The HOA could do this because when they approved the concrete 11years ago, they didn't take it up for a majority vote with the other owners, for approval which was required. The HOA at the time just approved it, that wasn't my fault but it would take years to get to court and no guarantee I would win or get my legal fees back. I dropped the lawsuit after i sold the condo, had to for them to approve the property transfer. This whole incident started when a few enemy neighbors got elected to the HOA council and decided to make my life difficult. Bottom Line avoid HOA's if at all possible.
Alternate Bottom Line: Don't make enemies of your neighbors.
 

Tampa8

Supporting Founder
Pub Member / Supporter
Lifetime Supporter
Sep 8, 2003
17,805
7,181
Tampa/Eastern Ct
Before getting into even common areas, the owner of any property can deny the placement of an antenna ...as long as there is another suitable spot and the cost is not unreasonably more to put it where the owner wants.
And 100% you can not keep something where it shouldn't have been, how long it has been there has no bearing and that goes double for common areas. "Ive always parked here before" defense isn't a defense. This is not a case of "Adverse Possession" which is normally misunderstood by people when you use property not yours and then claim it to be yours to use or that you can continue to use it. The fact she signed paperwork describing common areas etc automatically subjects her to that rule, even if ownership did not know about her dish, or even if they turned the other way, if they now want it gone it has to be. And once an owner gives permission that automatically gives the owner the right to change their mind so saying they knew about it actually makes the case worse unless they are asking for damages.

There are countless properties in an HOA where you can not have an antenna be mounted Street side for instance. Unless you can not feasibly mount it elsewhere that regulation would stand. Feasibly also means for near the same cost. Many of those same HOA's will pay some to have your antenna not be seen to comply with the FCC rules, thereby your cost would not be more.

The Federal Government does not overrule all HOA's or Municipal rules. Have you been a in a cave the last 3 1/2 years? :)There is no such thing as the Government overruling legal contracts either. There are scant few situations, like Eminent Domain. The FCC can overrule an HOA only when the HOA rules are not legal. In fact if you are told to move an antenna you can be fined starting immediately by the HOA if it isn't moved if the FCC determines where you placed it does not conform to FCC rules. For instance it is in a Common area.
 
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omeletpants

SatelliteGuys Family
Mar 12, 2006
100
62
I had a similar issue with HOA, I had a 1000+ dish mounted on a pole on my Patio, what was thought to be Limited Common Element, (for my exclusive use) , I even got permission from the HOA to pour in a new concrete patio as it was just dirt and some grass that turned into mud every time it rained, 11 years later I get a letter from a Law firm representing the HOA, to remove the pole and dish and all the concrete on the patio and restore it back to the way it was previously, I had 60 days to do it or they would do it and sue me for the expense. After a review it was found that my patio was registered as Common Property and not Limited Common Elemen, when the property plan was registered at Land Title Office, the drafted plan showed it as Ltd. but that was not what was registered 15 yrs prior. Anyhow after talks with my lawyer, I decided to fight this, but also contacted several concrete cutting contractors to remove the patio, all of them were too busy to even bother providing me a quote for less that 800sq ft of concrete as it wasn't worth their time or effort for such a small job, So I decided to wait for the HOA to try and do it, of course they ran into same issue, although One contractor did show up but knew there was a dispute between me and my HOA, and he agreed with me and refused the job, stating it wasn't worth his time. Then I served my HOA with a court summons to sue them for all this. But my lawyer also advised me that selling my Condo would be the easiest and cheapest way of settling this. So that's what I did, I sold it and of course once I sold it, I had to leave $10k in trust to pay for concrete removal, the HOA had 1 year to remove the concrete. Otherwise I get my $10k back, well just over a year later I finally got my $10k back and the HOA decided that they liked the new owner of my condo and decided to drop the whole matter, mainly since No more Satellite dish existed. I got a good enough price for my Condo I was able to buy a House in a small town, never again will I move into an HOA.
The HOA could do this because when they approved the concrete 11years ago, they didn't take it up for a majority vote with the other owners, for approval which was required. The HOA at the time just approved it, that wasn't my fault but it would take years to get to court and no guarantee I would win or get my legal fees back. I dropped the lawsuit after i sold the condo, had to for them to approve the property transfer. This whole incident started when a few enemy neighbors got elected to the HOA council and decided to make my life difficult. Bottom Line avoid HOA's if at all possible.
BLOCK OF TEXT. PARAGRAPHS AND BREVITY ARE YOUR FRIEND
 
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tpinck

Thread Starter
SatelliteGuys Guru
Pub Member / Supporter
Nov 4, 2006
129
33
Well I have had success, got this email yesterday :

Good afternoon Tim,
The board has agreed that it is ok for your to leave the dish in the area that you have it now, no need to move it. I will make note on your account that it is board approved and to not cite you for any violations concerning it. Thank you for your understanding and working with me on this matter. If there is anything else I can assist you with please let me know.

Stay safe and have a great day.

This problem is closed for now. Thank all of for your advice and guidance.
 

FTA4PA

Satellite Guys Family
Lifetime Supporter
Nov 13, 2013
4,134
2,115
Central Pennsylvania
Well I have had success, got this email yesterday :

Good afternoon Tim,
The board has agreed that it is ok for your to leave the dish in the area that you have it now, no need to move it. I will make note on your account that it is board approved and to not cite you for any violations concerning it. Thank you for your understanding and working with me on this matter. If there is anything else I can assist you with please let me know.

Stay safe and have a great day.

This problem is closed for now. Thank all of for your advice and guidance.
Good to hear that the little guy still wins sometimes! :D
 
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TRG

SatelliteGuys Pro
Pub Member / Supporter
Jul 19, 2007
1,756
474
Albuquerque, NM
Well I have had success, got this email yesterday :

Good afternoon Tim,
The board has agreed that it is ok for your to leave the dish in the area that you have it now, no need to move it. I will make note on your account that it is board approved and to not cite you for any violations concerning it. Thank you for your understanding and working with me on this matter. If there is anything else I can assist you with please let me know.

Stay safe and have a great day.

This problem is closed for now. Thank all of for your advice and guidance.
I'd save that e-mail. ;)

Glad it worked out for you.
 

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