Homeowners Association on the Warpath - Advice Please!

[clayface1000]

I've been a homeowner at my condo complex the past 23 years. Recently the president of the homeowners association became obsessed about "cleaning up" all the satellite dishes in our 500 unit development. His main objections have been the many dishes that have gone up that are installed onto the various stucco roofing structures, which he feels compromises the structural integrity of the buildings. (However, to my knowledge, no dishes have been installed using mounts that penetrate the actual rooftops.)

In the newsletter I received today, he states the following:

"...the Board will be discussing the satellite TV system upgrade. This upgrade targets all satellite TV owners and users at CCV (the name of condo development). Sometime in the next 60-90 days current satellite owners and users will be given a deadline to contact the office and register their satellite service and equipment. For a brief time every line in CCV will be cut and a new line installed in its place. We will also be relocating the dishes onto NPR mounts to prevent roof damage. Aside from the fact that this upgrade will enhance the curb appeal of our complex we have hopes that by registering the equipment with the office, we might curb theft in the future because we will be able to trace most hardware to specific units.

Owners and users please note that a minor fee will be required from current satellite dish owners to conform their dishes to the new system. For owners who are considering switching over from Time Warner Cable to satellite TV this period would be the time to do it. Our installer has agreed to offer reduced cost installations for all systems done during this period. Afterwards all installations will only be allowed by approved vendors, not your satellite provider, and could cost upwards of $250 per install. Please contact the office for more details on how this upgrade and registration works."

Being satellite-obsessed, I have three dishes on the roof, plus an OTA antenna. I'm very upset by the edict that this dictatorial condo association president has handed down.

My question is, how much of what he is trying to enforce legal? I realize that by FCC regulations, homeowners associations cannot prevent the installation of dishes. However, what about the specific terms that are being dictated? I would suggest that this president is trying to solve a problem that does not exist.

None of my fellow homeowners feel there's any problem at all, yet he seems to be perceiving everything from structural damage to aesthetic devaluation (one can't even see the rooftops from the street!). I really don't wish anyone mucking with the installations I have personally performed, nor do I wish having to register a dish that is really none of their business.

Perhaps the biggest red flag is the portion of the statement that reads, "every line in CCV will be cut and a new line installed in its place" followed by "Afterwards all installations will only be allowed by approved vendors, not your satellite provider, and could cost upwards of $250 per install. " How in the world can this be legal? I personally got into a heated argument with Dishnetwork about upgrading to the 622 and their requirement that an installer come out. I told them that I had already installed the dish, but they insisted!

As we all know, satellite companies almost always offer -- or require -- free installation as part of signing-up for their service to begin with. Can a condo association really dictate that only their crony-approved installers do the work? And incurring costs, as the president put it, of "upwards of $250 per install?"

Any feedback or comments would be greatly appreciated. I would love to go in prepared with some ammunition, if any is available, at the next homeowners meeting.

Thanks so much to everyone.

 

[Scott Greczkowski]

Looks like they would win this one as roofs are not common areas.

Now if the Dish was on your own private deck or area then they couldnt do anything about it.

Remember your Dish can not be attached in any way to their property and it must be in your exclusive area.

 

[Smith P.]

Check other threads:
http://www.satelliteguys.us/directv-forum/95049-hoa-grrrrrr.html
http://www.satelliteguys.us/directv-forum/93814-my-hoa-fining-me-100-day-b-c-my-dish-help.html
http://www.satelliteguys.us/directv-forum/24280-apartment-forcing-dish-removal.html

Actually, search for 'HOA' keyword ...

 

[gadgtfreek]

Looks like they would win this one as roofs are not common areas.

Now if the Dish was on your own private deck or area then they couldnt do anything about it.

Remember your Dish can not be attached in any way to their property and it must be in your exclusive area.

Scott, I thought that was more for renters. Since he "owns" his condo he still cant use the roof. That kinda stinks.

Have you read what you signed when you moved in?

 

[dodge]

Homeowners assn b.s.

I dont think they can make you use their installer, also dish and directv have their own installers, also many retailers do they their own installs, Their installer may suck and may not be able to do an install properly. also if you order from dish or directv directly they will send out their hsp . I think you home owners assn is full of s---, also if they cut your cables I would bitch like hell!!!

 

[tsduke]

I question the associations authority in moving current installs to meet new rules. Enforcing the new rules for new installs might be a different story.

 

[boba]

Scott, I thought that was more for renters. Since he "owns" his condo he still cant use the roof. That kinda stinks.

Have you read what you signed when you moved in?

In most condo associations the exterior belongs to the association who is responsible for maintainence.

 

[gadgtfreek]

In most condo associations the exterior belongs to the association who is responsible for maintainence.

Ah, makes sense. And I thought as a townhome renter I was made to jump thru hoops.

Might be a hard one to fight then. Wonder if this guy is new and is actually going to expect people to abide by the rules.

The OP needs to break out the original agreement.

I had my dish in a spot for a few mo's, then got a nasty gram about it. Once I read more into it I was at fault but noone said anything till the owners did a tour. I went and talked to them and they agreed to let me keep the pole in the ground just in a diff spot. Some here have poles in concrete buckets.

 

[clayface1000]

Thanks for the quick replies! However, it seems that I might be up a creek. The FCC regs are indeed re area controlled soley by the homeowner or tenant. And we are talking about the roof here, which is definitely common area.

I just wonder, from a legal standpoint, how much the HOA can control things like who does the actual installation.

 

[tsduke]

I would definately look into the legallity of the HOA changing things that are already in place. At least if there was no rule in place previously.

Sounds like the guy has some friend or family member they want feed some business too.

 

[gadgtfreek]

I would definately look into the legallity of the HOA changing things that are already in place. At least if there was no rule in place previously.

Sounds like the guy has some friend or family member they want feed some business too.

I dont think there is anything he can do about the roof. Even if they let it go for awhile, once they crack down its still against the rules and always has been. The cutting wires and all that nonsense is a little overboard though.


Id go to them, tell them you agree to move it but would like to use your own installer. Be civil and see what they say.

 

[RIRWIN1983]

Or propose this, they they are so conserned about multiple dishes . Sugest this. I assume Time warnet prewired these places. And thus all ur in wall coax terminates to aspecific place as well as the outher units. Have them put up one dish for each service (dish and direct). And have them put in a mdu class muldiswitch. That way there would be onmly 2 dishes per unit area. The cost could be evenly devided between units it will serve.

On the use their installer bit, they cant force that. Anyone the moves in and orders dish or direct will have one of that companies installers come out and do the work. Sounds like there being paid off by a company or there is a relative of the owners needing business. Which would be find if they was up front about it. If my family owned a property like this, id have it setup where the hoa acted as a retailer, and when beople were looking to move in, offer them satellite tv that could be installed whenever they wanted, and would get the same deals as someomne contacting the company directly, and possably faster trouble calls/upgrades. Oh ur cumping cable tuesday? Ouir son is booked that day, but he can be there weds morin..

 

[clayface1000]

Thanks again for the responses. This doesn't sound promising at all. I guess the HOA really does have the power over the homeowners. I could suggest the various solutions that have been proposed, but I really have no desire to get involved with these people on any grander scale than just taking care of my own needs.

Unfortunately, most of the other homeowners are either ignorant or apathetic, so I suspect they'll just accept the decree that has been handed down.

I was really hoping there was some legal precedent I could hit them with. In my experience, trying to talk rationally with anyone with either an agenda or whose mind is already made up on a matter, is almost invariably futile.

 

[gadgtfreek]

The one pro I can think of about letting THEM handle the install, as with other items they will be responsible for repair. If you handle it that might not be the case.

 

[iKramerica]

Or propose this, they they are so conserned about multiple dishes . Sugest this. I assume Time warnet prewired these places. And thus all ur in wall coax terminates to aspecific place as well as the outher units. Have them put up one dish for each service (dish and direct). And have them put in a mdu class muldiswitch. That way there would be onmly 2 dishes per unit area. The cost could be evenly devided between units it will serve.

This is what most buildings should do but likely don't even know exists. And it would be smart for Echo and DirecTV to propose to install them at no cost to large complexes, thus offering the ability for all owners to choose their service from the two or cable. In the long run, it saves them on install, as most new customers get free install anyway.

 

[clayface1000]

My problem is that I also have an Expressvu dish. I don't want, nor feel I should have to explain the purpose of this "non-standard" dish. So, in a sense, if I proposed this single dish solution for each of the two US providers, it could provide fodder for the homeowners association to say, "that's it -- choose between the only two commercial satellite providers" and prohibit the installation of my Bell system.

As it is, they may still give me grief about the fact that I have three dishes on the roof and would need them all reinstalled, per their edict.

 

[cjwct]

Scott is 100% correct in this situation. I recently moved into a condo and after carefully and closely researching all the rules and regulations, I found that the Government will allow Condo Owners to use a private area such as a deck or even a balcony. Anywhere else is illegal and subject to daily fines until it si removed and/or losing the condo.

 

[clayface1000]

This is not good. Hypothetically, a condo board could make a decision to allow only the installation of, let's say Directv only, is that right? From the feedback I've received, it seems that the Board has ultimate power in the same way that Congress and the President have authority over all of us. That is, theoretically, they are the representatives of the people, therefore, their decisions are presumed to reflect the desires of their constituents.

Presuming that is so, my only recourse would seem to be to somehow get this Board and the HOA president voted out of office. Or sell my home and move. Aargh!

 

[technoguy]

Hypothetically, a condo board could make a decision to allow only the installation of, let's say Directv only, is that right?

Yes
I had few cancellations because some HOA only accept Direct TV(Latin America) or cable.

 

[dishcomm]

I've been a homeowner at my condo complex the past 23 years. Recently the president of the homeowners association became obsessed about "cleaning up" all the satellite dishes in our 500 unit development. His main objections have been the many dishes that have gone up that are installed onto the various stucco roofing structures, which he feels compromises the structural integrity of the buildings. (However, to my knowledge, no dishes have been installed using mounts that penetrate the actual rooftops.)

In the newsletter I received today, he states the following:

"...the Board will be discussing the satellite TV system upgrade. This upgrade targets all satellite TV owners and users at CCV (the name of condo development). Sometime in the next 60-90 days current satellite owners and users will be given a deadline to contact the office and register their satellite service and equipment. For a brief time every line in CCV will be cut and a new line installed in its place. We will also be relocating the dishes onto NPR mounts to prevent roof damage. Aside from the fact that this upgrade will enhance the curb appeal of our complex we have hopes that by registering the equipment with the office, we might curb theft in the future because we will be able to trace most hardware to specific units.

Owners and users please note that a minor fee will be required from current satellite dish owners to conform their dishes to the new system. For owners who are considering switching over from Time Warner Cable to satellite TV this period would be the time to do it. Our installer has agreed to offer reduced cost installations for all systems done during this period. Afterwards all installations will only be allowed by approved vendors, not your satellite provider, and could cost upwards of $250 per install. Please contact the office for more details on how this upgrade and registration works."

Being satellite-obsessed, I have three dishes on the roof, plus an OTA antenna. I'm very upset by the edict that this dictatorial condo association president has handed down.

My question is, how much of what he is trying to enforce legal? I realize that by FCC regulations, homeowners associations cannot prevent the installation of dishes. However, what about the specific terms that are being dictated? I would suggest that this president is trying to solve a problem that does not exist.

None of my fellow homeowners feel there's any problem at all, yet he seems to be perceiving everything from structural damage to aesthetic devaluation (one can't even see the rooftops from the street!). I really don't wish anyone mucking with the installations I have personally performed, nor do I wish having to register a dish that is really none of their business.

Perhaps the biggest red flag is the portion of the statement that reads, "every line in CCV will be cut and a new line installed in its place" followed by "Afterwards all installations will only be allowed by approved vendors, not your satellite provider, and could cost upwards of $250 per install. " How in the world can this be legal? I personally got into a heated argument with Dishnetwork about upgrading to the 622 and their requirement that an installer come out. I told them that I had already installed the dish, but they insisted!

As we all know, satellite companies almost always offer -- or require -- free installation as part of signing-up for their service to begin with. Can a condo association really dictate that only their crony-approved installers do the work? And incurring costs, as the president put it, of "upwards of $250 per install?"

Any feedback or comments would be greatly appreciated. I would love to go in prepared with some ammunition, if any is available, at the next homeowners meeting.

Thanks so much to everyone.

Ok...My friend is the maint mgr at a condomium in Hlton Head, SC...That complex has a terrible problem with rogue installs . The HOA wants to reduce each building to one common dish ...Perfectly legal..However, in the interest of fair play and to not anger the residents. Each satellite customer on the property is going to be informed that they have 12 months from the date of the letter to keep their dish..After that date, all dishes will be removed from the common areas including roofs an walls of buildings and a replacement dish will be mounted at the sole discretion of the Property regime. The installation will be done so as to cause the slightest interuption of service possible...Dish Network(subbed by 90% of all the subs on the property will be exculsive...No tenant or resident owner will have their service interupted durng the installation..Only the cutover to the new EQ will there be any interuption..and that interuption will be brief. After that time NO ONE will be permitted to install their own antenna nor will there be allowed any outside installers on the property for ANY reason except to service interior equipment.
The Regime Board attorney checked this out and yes it is legal....Now your situation is a bit different..Your board is simply cutting you off. That's not right. I owuld get together with as many satellite owners at your complex and pool your funds ot hire an attorney to look into this...While the condo board can dictate what is attached to the common areas of the property, they did not have these rules in place BEFORE the dishes were placed. There is one other thing of concern to me..You have more than one dish..Under the FCC regs, I believe that condo assn's can limit owners/tenants to one antenna for each unit.
Forgot to mention....The Regime is NOT charging the owners for the work
The work is being paid for from the regime bank account...
It looks like your association is attempting to purge the entire property of satellite antennas..I would do some snooping around to find out whether the board is planning on dong business with a particular satellite company to wire and put up a community antenna, then take an active role in activating customers..As the sales agent the association would then be eligible for residuals from the sat co for each customer the assn activates...Or are they planning to limit all owners to cable tv....Something stinks here....Keep us posted...