How nice. I have lived here four years and they put this on my door...

[monroef]

As for satellite dishes, they may only be placed on your patio, balcony or inside your apartment and MAY NOT, UNDER ANY CIRCUMSTANCES, be installd on or affixed, attached or clamped to any exterior building walls or roofs, window, patio or balcony railings or post.

If you are found in violation, a $500 fee will be accessed to your account.




Of course, the installer attached my dish to a poll which he attached to my balcony railing. Sigh...

 

[Kb Cool]

Sounds like its time to find another place to live, where you can do what you want. Real estate prices are at their lowest they've been in 5 yrs.

 

[Laddyboy]

As for satellite dishes, they may only be placed on your patio, balcony or inside your apartment and MAY NOT, UNDER ANY CIRCUMSTANCES, be installd on or affixed, attached or clamped to any exterior building walls or roofs, window, patio or balcony railings or post.

If you are found in violation, a $500 fee will be accessed to your account.




Of course, the installer attached my dish to a poll which he attached to my balcony railing. Sigh...

Bummer. Maybe get a 5 gallon bucket and some quickset concrete.

 

[monroef]

Sounds like its time to find another place to live, where you can do what you want. Real estate prices are at their lowest they've been in 5 yrs.

I wish. They waited until I signed a new lease last week. Then put this on the door.

 

[Kb Cool]

I wish. They waited until I signed a new lease last week. Then put this on the door.

Was this (new rules?) mentioned in the lease agreement that you signed. If not you may have a chance.

 

[dishcomm]

As for satellite dishes, they may only be placed on your patio, balcony or inside your apartment and MAY NOT, UNDER ANY CIRCUMSTANCES, be installd on or affixed, attached or clamped to any exterior building walls or roofs, window, patio or balcony railings or post.

If you are found in violation, a $500 fee will be accessed to your account.




Of course, the installer attached my dish to a poll which he attached to my balcony railing. Sigh...

Check your lease agreement. If these rules are not on there, you have a good case to leave your dish where it is.
Apartment life has it's drawbacks. This is one of them. Obviously this property is going for the elimination of all satellite antennas.
They can do that.
It's their property.
Also check your state tennant laws. The complex management may not have the legal right to impose such a fine.
I know here in NC that kind of fine is illegal.

 

[milehighmike]

Under the OTARD rules, if you have exclusive use of an area, such as your balcony, you should be OK. I don't think you have exclusive use of your balcony floor but not your balcony railings. Sounds like your landlord is being a jerk in the matter. As long as you haven't done any "damage", like driling holes (seems like clamping would be OK), I'd show the OTARD rules to the landlord and ask where on your balcony does your exclusive use end? Railings are an integral part of the balcony.

 

[Stargazer]

Some leases state that they have the right to change the rules at any time without notice (just like Dish Network / Directv contracts do).

 

[monroef]

Under the OTARD rules, if you have exclusive use of an area, such as your balcony, you should be OK. I don't think you have exclusive use of your balcony floor but not your balcony railings. Sounds like your landlord is being a jerk in the matter. As long as you haven't done any "damage", like driling holes (seems like clamping would be OK), I'd show the OTARD rules to the landlord and ask where on your balcony does your exclusive use end? Railings are an integral part of the balcony.

I just read the rule. Not only does it say exactly what you said, it also states that if the burden is on them to provie that their restriction is valid. I'm sure they have been through this before. Its hard for me to believe they wouldn't have their ducks in order.

 

[Scott Greczkowski]

If you are clamped you are ok, but permanently attached you then have an issue.

 

[monroef]

If you are clamped you are ok, but permanently attached you then have an issue.

I'm not sure what would define permanent. But its definately clamped to the railing and their note says it can't be. I'm at a loss that the installer wouldn't have known this. I see the dish truck here all the time.

 

[monroef]

from www.fcc.gov

Q: Does the rule apply to residents of rental property?

A: Yes. Effective January 22, 1999, renters may install antennas within their leasehold, which means inside the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces.

So I don't see why the railing is a problem as my landlord claims. It also says if I dispute the claim and am denied, I have 21 days from the denial date to comply before a landlord can impose a fine. Thats actually longer than the landlord is givng me now.

Maybe this is the landlord issue. Its not installed outside the balcony. But the LNBF is definately beyond a couple of inches.

Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.

 

[Bob Haller]

suggest to the landlord, they have dish and direct install MDU central antennas.

stops that nasa look

 

[jegrant]

If by chance you're located in Indiana, the new state law (the one that lets AT&T and Comcast have statewide franchises) also says that apartment complexes/housing developments cannot give access to any video provider on a preferred basis. So, if they're letting Comcast or another cable company run wiring attached to exterior walls or railings or inside of walls, then they must grant any other video provider equivalent access. It's one of the few parts of the new law that I think is actually quite worthwhile.
From: Enrolled Act, House Bill 1279

Sec. 9. (a) Except as provided in subsection (b), the owner, operator, or developer of multitenant real estate located in a service area in which one (1) or more communications service providers are authorized to provide communications service may not do any of the following:
(1) Prevent a communications service provider from installing on the premises communications service equipment that an occupant requests.
(2) Interfere with a communications service provider's installation on the premises of communications service equipment that an occupant requests.
(3) Discriminate against a communications service provider or impose unduly burdensome conditions on the terms, conditions, and compensation for a communications service provider's installation of communications service equipment on the premises.
(4) Demand or accept an unreasonable payment from:
(A) an occupant; or
(B) a communications service provider;
in exchange for allowing the communications service provider access to the premises.
(5) Discriminate against or in favor of an occupant in any manner, including charging higher or lower rental charges to the occupant, because of the communications service provider from which the occupant receives communications service.
(b) This section does not prohibit the owner, operator, or developer of multitenant real estate from doing any of the following:
(1) Imposing a condition on a communications service provider that is reasonably necessary to protect:
(A) the safety, security, appearance, or condition of the property; or
(B) the safety and convenience of other persons.
(2) Imposing a reasonable limitation on the hours during which a communications service provider may have access to the premises to install communications service equipment.
(3) Imposing a reasonable limitation on the number of communications service providers that have access to the premises, if the owner, operator, or developer can demonstrate a space constraint that requires the limitation.
(4) Requiring a communications service provider to agree to indemnify the owner, operator, or developer for damage caused by installing, operating, or removing communications service equipment on or from the premises.
(5) Requiring an occupant or a communications service provider to bear the entire cost of installing, operating, or removing communications service equipment.
(6) Requiring a communications service provider to pay compensation for access to or use of the premises, as long as the compensation is:
(A) reasonable; and
(B) nondiscriminatory;
among communications service providers.

 

[monroef]

I do have the feeling that this is to give Comcast an advantage. When I inquired about an apartment here and requested one that had proper line of site the response I received was "Why would you ever want to use Dish over Comcast." I just laughed. At any rate, I live in VA just outside of DC.

 

[dishcomm]

Under the OTARD rules, if you have exclusive use of an area, such as your balcony, you should be OK. I don't think you have exclusive use of your balcony floor but not your balcony railings. Sounds like your landlord is being a jerk in the matter. As long as you haven't done any "damage", like driling holes (seems like clamping would be OK), I'd show the OTARD rules to the landlord and ask where on your balcony does your exclusive use end? Railings are an integral part of the balcony.

Looks to me like you are correct.
I have been on properties where the mgnt flat out refuses to allow satellite antennas. Now some of you would be tempted to respond with "they can't tell you that". Yeah they can. All they have to do is tell me I am tresspassing and the ball game is over. Been told that twice. Of course I am not fighting with them and politely bid them a good day and left.
Now of course that's a violation of OTARD. But what tennant is going ot take the time file a formal complaint with the FCC and wait for the FCC to get around to responding? Or hire an attorney to file a lawsuit?.
That's why apartment complexes can get away with a ban.

 

[bebop]

if I dispute the claim and am denied, I have 21 days from the denial date to comply before a landlord can impose a fine. Thats actually longer than the landlord is givng me now.

Are you going to dispute it? I would, maybe the landlord will drop the issue with you. What permanent damage are you doing?

At least you'll have a little over 3 more weeks to figure out what's best to do.

 

[Sadoun]

If they insist you have to detach it from the railing and confine it to your balcony, you may want to consider mounting it on a tripod that is secured to a platform (pallet). Add extra weights on top of the pallet ( a few cinder blocks will do.)

 

[stimpson]

If they insist you have to detach it from the railing and confine it to your balcony, you may want to consider mounting it on a tripod that is secured to a platform (pallet). Add extra weights on top of the pallet ( a few cinder blocks will do.)

I wonder where one could buy a set up like that? HHHHMMMMMMMMMM!!!!

 

[Kb Cool]

I wonder where one could buy a set up like that? HHHHMMMMMMMMMM!!!!

A camera store.