HOA Terminology, Is this Legal?

[DSpud]

3. Radio, T.V. Antenna or Solar Panels.
No radio or television aerial wires, towers, antennas, discs, satellite dishes or other
special television or cable apparatus or equipment shall be erected, installed or placed on any
lot without the prior written approval of the Reviewer. In the event the Reviewer approves the
erection of such equipment, in no event shall the equipment be installed in such a manner that
the equipment is visible from the street. Visibility means visible by the naked eye at pedestrian
eye level without the aid of vision enhancement equipment such as binoculars or elevation
equipment such as a ladder. No solar panels or other similar apparatus shall be placed on any
home without approval and in no event in such a manner that it is visible from the street.

This is copy and pasted out of the agreement I just received from my HOA. I am just curious how legal this is. I will be placing my dish where its best to pick up signal. Hopefully I abide by their rules. However, if I cannot, I was wondering if I would have a leg to stand on.

 

[Scott Greczkowski]

Its not legal.

Lots of stuff here...

Federal Communications Commission Search

You might even have grounds for a lawsuit against your HOA.

 

[navychop]

If you own the place where the dish is installed, no. See this FCC link. I fought this battle and won when I lived in an HOA area. Moved, thankfully.

On edit: Out-typed again. Actually, took a phone call and Scott replied while I was on the phone.

 

[bforce]

My HOA had very similar guidelines and I knew it wasn't legal so I just had the dish installed, didn't tell them a thing. Five years later and still haven't heard a peep from the HOA.

Either the HOA has no clue about the law or they do know and it's a scare tactic put before consumers who don't know the law. Either way, HOA's are walking a very fine line with their satellite guidelines.

 

[Hall]

Tell them that you consulted with the FCC about this and that you don't want to make a big deal out of it. Tell them if they want to, to go ahead. As soon as you mention "FCC", they'd better know they don't have a leg to stand on... Does it work against others ? Sure does and that's what they want.

 

[Voyager6]

The HOA can ask that the dish be placed out of sight. However, you can place the dish anywhere on your property if you need line of sight. Just send a letter to the HOA notifying them of the dish and let the installer determine if it can be placed out of sight from the street. You do not need their approval for the dish. Just notify them prior to the install.

 

[Mr Tony]

Their little rules are so illegal it is sad.....folks believe that (the association must be in bed with the local cable company)

I have to laugh because my HOA is getting crabby about my "dish farm"..One member thinks its "gaudy" that I have 6 dishes and an antenna. Oh did I mention I'M THE PRESIDENT OF THE ASSOCIATION I brought up the FCC and they said "oh our covenants say...." when I cut them off and say "the FCC overrides your covenants. I'll be happy to show them to you if you'd like

I know the 6 foot dish isnt covered but one time they said I couldnt wheel my other 6 foot dish out in front of the garage. They got mad when I said "well the rule says you can park cars one deep in front of your garage....well since my truck is in the garage I can put the dish there temporarily (just like cars are)"

If I use their "rules" there is so much grey area in one part (as example)....the whole cant see it from the road. Where I live we have 4 buildings that are on the street. The first two buildings are about 40 feet from the road. My building and the one across from me are 150-175 feet from the road. So what happens if your building/house is near the road?

Anyways...they cannot put that rule out there if you have exclusive use of a patio/deck

 

[skierrob]

Geez... such hatred of HOA boards....

1. Most of these CC&R's were written before the FCC wrote the law. They are antiquated rules. But they won't be re-written because that takes a lot of money and lawyers. It is very difficult to change the CC&R's of an association.

2. Most board members won't enforce because they know the law supercedes the CC&R's. But they won't change the CC&R's because of the cost. The Davis Sterling Act (at least in California), however, says that any state or federal law supercedes the CC&R's even if they haven't been changed and to just ignore the statements that are superceded.

3. When boards try to enforce anti-satellite / antenna laws, it is because they just don't know better. They are your neighbors. Volunteer homeowners. They don't have a degree in association management. They don't get paid for this. They are simply trying to improve their community. So cut 'em a break. Go to a board meeting, politely bring up the FCC and the rules and regs and work with them to create a solution that provides you with good line of sight and also helps the community look nice. Simple. But don't expect them to go back and change the CC&R's. Those were written when the community was built, and have LOTS of things that are "illegal" in them. But the cost to change it all to be 100% legal with today's laws would bankrupt some associations just in legal fees alone.

Why does everyone think that HOA board members are power hungry crazy people that want to control everything??? Sheesh.

ps... Iceberg, the FCC rules do only apply to dishes up to 38" in diameter.... so yes, your 6' Dish is definitely not covered. *grin*

Robert

 

[Voyager6]

Geez... such hatred of HOA boards....


Why does everyone think that HOA board members are power hungry crazy people that want to control everything??? Sheesh.


Robert

It usually can be summed up pretty easily. Previous experience.

 

[DodgerKing]

Geez... such hatred of HOA boards....

Because they are a bureacracy telling me and others what we can and cannot do on our own property.

 

[TravelFan1]

As a board president, I thank skierrob for the post. Rather than having any gains, I have expenses every time a board meeting takes place at my own home.

Now DSup, I have a question: The unit that you live/own, is it a condo or townhome? If it is a condo, your best bet is to work with your HOA and ask them to work with Dish to have a MDU install - that way, a few dishes on the top of the building take care of an entire building - property looks nicer, your own balcony doesn't look cluttered with one or more dishes - PM me if you'd like to get my Dish MDU contact to your association.

Now, if you own a townhouse, then, provided that you are not installing on common areas, you should be able to install your own Dish, say, on your root. But you wouldn't be able to install the dish on the walkaway or outside your property limits.

I hope this information helps.
http://www.satelliteguys.us/member.php?u=11019

 

[yaz96]

Geez... such hatred of HOA boards....

1. Most of these CC&R's were written before the FCC wrote the law. They are antiquated rules. But they won't be re-written because that takes a lot of money and lawyers. It is very difficult to change the CC&R's of an association.

2. Most board members won't enforce because they know the law supercedes the CC&R's. But they won't change the CC&R's because of the cost. The Davis Sterling Act (at least in California), however, says that any state or federal law supercedes the CC&R's even if they haven't been changed and to just ignore the statements that are superceded.

3. When boards try to enforce anti-satellite / antenna laws, it is because they just don't know better. They are your neighbors. Volunteer homeowners. They don't have a degree in association management. They don't get paid for this. They are simply trying to improve their community. So cut 'em a break. Go to a board meeting, politely bring up the FCC and the rules and regs and work with them to create a solution that provides you with good line of sight and also helps the community look nice. Simple. But don't expect them to go back and change the CC&R's. Those were written when the community was built, and have LOTS of things that are "illegal" in them. But the cost to change it all to be 100% legal with today's laws would bankrupt some associations just in legal fees alone.

Why does everyone think that HOA board members are power hungry crazy people that want to control everything??? Sheesh.

ps... Iceberg, the FCC rules do only apply to dishes up to 38" in diameter.... so yes, your 6' Dish is definitely not covered. *grin*

Robert

Because they usually are......

I take it you are part of a National HOA organization?

 

[DodgerKing]

What if it is a house? Some HOA's in some housing communities here are more restrictive than townhouse/condo complexes. They have to approve your paint color, swing sets, and bushes. Talk about pathetic!

 

[Dah-Henny]

install your own Dish, say, on your root.

The last time that happened...lets just say...the wife was not happy!

 

[Hall]

1. Most of these CC&R's were written before the FCC wrote the law. They are antiquated rules. But they won't be re-written because that takes a lot of money and lawyers. It is very difficult to change the CC&R's of an association.

Here's an idea... When the rules are handed to a new homeowner, take a pen and cross through that part. That shouldn't cost much, should it ? No lawyers needed either.

 

[Skyhi]

What if it is a house? Some HOA's in some housing communities here are more restrictive than townhouse/condo complexes. They have to approve your paint color, swing sets, and bushes. Talk about pathetic!

Different strokes.......some people must want to live in such places. I'd never go near one.

 

[Hall]

What if it is a house? Some HOA's in some housing communities here are more restrictive than townhouse/condo complexes. They have to approve your paint color, swing sets, and bushes. Talk about pathetic!

The argument there -- and I can't say I agree with the concept of HOAs, though I can see some points in favor of them -- is that the homeowner knew these rules when they bought their house.

 

[DodgerKing]

Different strokes.......some people must want to live in such places. I'd never go near one.

The problem is, it is difficult to find a new community that is not like that around here.

 

[Skyhi]

The problem is, it is difficult to find a new community that is not like that around here.

It's a big Country. ........ just messing with you, buddy!

 

[DodgerKing]

It's a big Country. ........ just messing with you, buddy!

I know.

Don't get me wrong. I support the right for HOA's to exist and for these communities to set up their own rules. People have a choice if they want to live in such a community. My rant is more personal as I would choose to never be part of such a community.