Homeowners Association on the Warpath - Advice Please!

[dishcomm]

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?

There is a differnce in real estate terms...A type of ownership in real property where all of the owners own the property, common areas and buildings together, with the exception of the interior of the unit to which they have title. Often mistakenly referred to as a type of construction or development, it actually refers to the type of ownership.
Here the operative is "common area"....In a condo , the unit owner has ownership of the unit "from the paint inward"..in a town home...The unit owner unless otherwise specified have ownership of the structure that surrounds their livunbg area and "the mud below"...In this case the owener does have control of the exterior of their living space...including the roof.

 

[dishcomm]

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!

There is one other way out..Sell the unit....Now knowing the way I sometimes think of ways ot get back at people who have f-ed with me, I would sell my condo to the most undesirable thugs I could find...LOL!!!
All kidding aside.I hope you come ot a resolution ion this..I think if the rules were not in place you and the other condo owners have a legitanate and winable beef with the HOA...

 

[FitzAusTex]

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!

I know you said you were really only concerned with your own needs, however, it might be fun to create a petition for your complex. you might not get the results you were specifically hoping for, but then again you might. he may back down if enough owners put up a protest. i did this once on another matter in my neighborhood mainly because i didnt like that the homeowners on my HOA were not consulted regarding the change. (builder decided to build the last 25% of the houses in my subdivision w/asthetically inferior materials, which i felt violated the neighborhood i thought i was buying into) I happened to win, but it was even better that the guy pushing for the change lost - he was def a jerk. anyway, there may be a better answer than what is being proposed by the pres of your condo assn that you all could come up with via a meeting.

 

[SKrueger]

"...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.

As the president of my HOA, I thought I'd put in my two cents. Remember these are general comments and your state, city, etc may have different rules.

1. You don't say what state you are in, but some states have laws that significant changes to the CC&R's require a majority vote of a quorum of owners. In almost all cases, CC&R's have a method for a large group of owner's to force a general vote regarding proposed changes.

2. Usually HOA's can require that dishes mounted on common area property be mounted in a specific area or manner as long as it does not prevent reception. My association requires, like yours is attempting to do, that dishes be mounted on the roof attached to poles we have on the roof for that specific purpose. They have no control. however, if you want to put a dish on a tripod on your deck or patio unless is is a common shared deck/patio.

3. Since they are enacting this as a new rule, they cannot pass the cost on to specific owners. They association must pass the cost on to all owners equally either by paying out of the general reserves or a special assessment to all owners.

4. They cannot require that you use their installer, but can require that your installer meets their guidelines and require that you remedy or charge you to remedy the situation if your installer does not meet their specs. (For example, we require that all cable runs be fastened every foot, that each fastening is sealed with silicon sealant, and that all entry points are at least 6 inches from the base of the wall and again each entry point must also be sealed.)

5. They cannot just cut off your service. They either need to cut your line and move the dish to the new location and run a new line at the same time or reimburse you for lost programming costs.

Hope some of this information helps.

 

[clayface1000]

Thanks again to everyone. All your feedback is very helpful. SKrueger, I had a question (or to anyone else who might know) -- I've never been involved with my condo association. So, I'm wondering what is the mechanism by which I hold the Board and its president accountable?

That is, you and others have indicated that various actions and edicts of theirs may not be legal (such as not being able to just cut off service at their whim). But how do I tell them, "no, you can't do this?" How can this be enforced? Hypothetically, they can start doing anything they want. Am I to call the police (not likely)? Or is there something I can do in court?

I guess I'm feeling like the guy who is stuck behind the driver who is trying to make a U-turn on a busy business street, backing up traffic. I can yell out the window that what he's doing is illegal, but so what? Without a cop, what can anyone do?

Sorry for all these stupid questions, but I think I'm in for a daunting task...

Thanks so much...

 

[lumpkin666]

To bring one point home - they can do all of this (or most of it) legally because the installs in question fall outside the protected installations. If these installs were all made within the private use areas of the home, the HOA could do nothing. The fact that they are willing to work with everyone to ensure that there is reception to their home is good.

If you have visibility of the sats you want to view from your private use area, you can install any 39" (or smaller) dish and have fun. There is little they can actually do since they cannot add unreasonable cost or delay to your installation (unreasonable can be $10 or 10 mins). Furthermore, you can install several dishes in your private use area - there are more than just Dish and DTV out there. There are dozens of FTA sats. If you have the room for 15-20 39" dishes, you can legally install them all in your private use area so that you can receive the programming that you desire from each satellite

 

[SKrueger]

I've never been involved with my condo association. So, I'm wondering what is the mechanism by which I hold the Board and its president accountable?

You want the harsh response-Get Involved, Get Elected to the Board, etc! That said, States, Counties, & Municipalities may all have there own rules and regulations so what I say should be taken as basic generic stuff. Read over your CC&R's, I know it's probably hundreds of pages garbage, but oftimes you find the necessary procedures for calling to board on the carpet. You'll often finds things they wish you hadn't. The Board answers to and is responsible to the owners. You don't say how large your association is, but is it possible you can get a majority of owners to override the board?

That is, you and others have indicated that various actions and edicts of theirs may not be legal (such as not being able to just cut off service at their whim). But how do I tell them, "no, you can't do this?" How can this be enforced? Hypothetically, they can start doing anything they want. Am I to call the police (not likely)? Or is there something I can do in court?

I guess I'm feeling like the guy who is stuck behind the driver who is trying to make a U-turn on a busy business street, backing up traffic. I can yell out the window that what he's doing is illegal, but so what? Without a cop, what can anyone do?

You've kind of nailed it on the head. You can take the Association and the Board to court, but that's going to cost you money and even if you win, you may still be out all your legal expenses. My best suggestion, other than going thru your CC&R's with a fine tooth comb for options, is to get together with other owners in your association, and buy a couple hours of time with a attorney specializing in Condo Association law.

 

[clayface1000]

lumpkin666, unfortunately, I don't have an angle to the sats I need from my balcony. Otherwise, I would have told them to take a flying leap long ago!

SKrueger, I know what you mean about being involved. It may be just an excuse, but this board has traditionally been a PITA and everyone knows it. Many of my neighbors got involved in various ways over the years. Virtually all of them got burned out from all the politicking and in-fighting. I live in Los Angeles in a 500 unit complex. At the last board meeting only 25 people showed up. Everyone else has basically given up. There should be seven members on the board and they can't get enough people to even run. Everyone is exhausted by the bickering and character assassination which has become a regular feature of this HOA.

I'm actually an activist at heart, but old age and fatigue has stripped me of any desire to fight anymore.

I think my best option is to get hold of the CC&Rs and see if I can find something in there. Or just throw in the towel and accept what they want to do.

Thanks again to all...

 

[thabo22]

I would assume you have the opportunity to make a stance on the decision of the president. As an owner in a condo association you have the right to a vote as dictated by your by-laws. It might be a large task you want to undertake(500 units), but you could contact all members of the association and hold your own meeting. You usually only have 1 vote/unit from an owner not a tennant.
If thats the way you want to go about things you could also 'possibly' remove him/her from the presidency. You'd need to be prepared w/someone who is ready for that responisbility. I've been one for a much smaller association and its not worth the head aches in being one.

Sounds to me like he/she is a power hungry individual who has an agenda that is contrary to peoples current ways. Nobody likes a change that would force you to spend money.

If this were a townhouse as opposed to a condo you would have more rights. Being a condo means that the assiation could remove all objects on the common area which includes everything on the outside structure of a building. However, I do believe their is a law/regulation that govern's how a tennant/homeowner/condo owner/townhouse owner can have access to satellite reception.

I doubt it helps much, but its just a thought.

Skooter
Family Web Source
I've Been Spoofed - !!! HELP!!!

 

[clayface1000]

Thanks, thabo22. From what I understand, this current president, indeed, is hunting his white whale. Some years ago, I was peripherally involved in a movement to effect some changes on the board and it got very ugly. I'm sure it's the same way in every Community, but getting the 500+ unit populace mobilized is an extremely daunting challenge, for which I don't think I have either the time, nor stomach. Not only that, no one wants the job as president, even if we could overthrow him.

I spoke to an employee in our condo office today and was told I needed to submit my comments in writing -- they'll be presented at the next board meeting. So, I guess that's what I'll do, plus scour the CC&Rs for any loopholes. I don't think I'll be successful, but this seems to be the only practical alternative, based on what everyone has indicated. (Plus my googling around the web...)