Legal Placement of Dishes on Owner's Property

When it came down to it, even if you did get them to back down on it, whats to stop them from going "Hmmm...lemme see...cracking paint on house....lawn 1cm too high...oil spot on driveway...1 too many trash cans...guessin you gotta fix those or find somewhere else to live" ?

Never lived under a HOA, never would...

But, if something like this did happen, my lawyer & I would insure that I would never have to work again.

Claude Greiner said:

I would personally go tell the HOA to go screw themselves, as nobody is going to tell me what I can and can't do on my property.

The sad part is that there are people who will get the letter from the HOA and get all scared and think they will get kicked out of their homes if they don't comply with the HOA's silly demands. They will simply comply with the letter, take their Dish down and crawl back in their little hole and get cable installed.

I would send the HOA, the FCC ruling and leave it at that.

On that note, I have yet to see one customer actually fight their HOA on this issue. It amazes me how many times I will state the law to people, tell then what they got to do, and the next thing I got the customer asking if I can call so and so on the HOA board and tell them this, or write the fricken letter to the HOA for them. ITS NOT MY JOB

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These are sheeple.....they will drink the kool-aid without questioning anything.

Also, don't forget the HOA has this option:

Q: If my association, building management, landlord, or property owner provides a central antenna, may I install an individual antenna?

A: Generally, the availability of a central antenna may allow the association, landlord, property owner, or other management entity to restrict the installation by individuals of antennas otherwise protected by the rule. Restrictions based on the availability of a central antenna will generally be permissible provided that: (1) the person receives the particular video programming or fixed wireless service that the person desires and could receive with an individual antenna covered under the rule (e.g., the person would be entitled to receive service from a specific provider, not simply a provider selected by the association); (2) the signal quality of transmission to and from the person's home using the central antenna is as good as, or better than, the quality the person could receive or transmit with an individual antenna covered by the rule; (3) the costs associated with the use of the central antenna are not greater than the costs of installation, maintenance and use of an individual antenna covered under the rule; and (4) the requirement to use the central antenna instead of an individual antenna does not unreasonably delay the viewer's ability to receive video programming or fixed wireless services.

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Personally, if they put up a high-quality dish with a good distribution system, I'd like that idea better. There is a better chance they can find a place with -zero- trees and get the dish pointed precisely where it needs to go.

However, I'm not sure on the tech required to do that, or if it even can be done with Dish Network.

If so, though, let them know that is an option!

Claude Greiner said:

I would personally go tell the HOA to go screw themselves, as nobody is going to tell me what I can and can't do on my property.

The sad part is that there are people who will get the letter from the HOA and get all scared and think they will get kicked out of their homes if they don't comply with the HOA's silly demands. They will simply comply with the letter, take their Dish down and crawl back in their little hole and get cable installed.

I would send the HOA, the FCC ruling and leave it at that.

On that note, I have yet to see one customer actually fight their HOA on this issue. It amazes me how many times I will state the law to people, tell then what they got to do, and the next thing I got the customer asking if I can call so and so on the HOA board and tell them this, or write the fricken letter to the HOA for them. ITS NOT MY JOB

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I fought my HOA where I used to live. In fact, I joined them. Carried slips of paper with the OTARD link. When someone opposed my pressing to repeal such rules, I passed out the slips. They didn't believe me. By the next meeting, there were no more comments about "you can't do something to your townhouse that might reduce my property value." I think that one of them might have actually contacted a lawyer. Never did get the rule repealed, but it was no longer enforced. And soon, I was not the only one with OTA and dish antennas on my roof. Yes, right at the peak, visible from the street.

Aqualung812 said:

Also, don't forget the HOA has this option:



Personally, if they put up a high-quality dish with a good distribution system, I'd like that idea better. There is a better chance they can find a place with -zero- trees and get the dish pointed precisely where it needs to go.

However, I'm not sure on the tech required to do that, or if it even can be done with Dish Network.

If so, though, let them know that is an option!

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The problem is, the only places close enough to warrant a central antenna are usually apartment structures. Since the apartments are owned by someone else, they are able to limit who you get service from. We have plenty of cable-only and Directv-only places here.

We have a powerless HOA here. That's because there are too many like me who tell them to FO and get off my property when the busy bodies come knocking, at gun point if they resist.

Thing is I never signed any contract to join because in the deep fine print in those contracts you sign away your rights! Yes and that makes you a slave to their rules at the time of signing. The problem is some neighborhoods require you to join in order to purchase a house within their domain. If you signed a contract to join your HOA, then, I'm sorry for you but you deserve what you got. When you buy a house, you pick that purchase based on many factors. The size, the layout, the yard, the street appearance, the construction, and the neighborhood. If the house comes with a fireplace and you hate fireplaces, you decide whether to compromise your standards when you purchase. If you buy a house that has a single car garage and you want a 2 car garage, you made the choice to buy the house with the single car garage. Same goes for the HOA. If you buy a house that comes with an HOA, and later change your mind, sorry, tough sh!t. You made your choice, Nobody forced you to buy that house. I say live with your choice and go get cable or an indoor rabbit ears if that's all the HOA allows. HOWEVER, if the law says something the HOA does is illegal, then you have your little loophole. BUT, unfortunately, you'll need to fight your HOA to stop their extortion. It's called a game of wits. So sue them! But if you agreed to a contract that says you have to mow your grass on Tuesday mornings and use the service authorized by your HOA, then tough sh!t, you made the choice and agreed to that when you bought the house. Live with it. Next time tell your real estate agent not to show you properties that require HOA.

Here's what I did. I put up a NO Trespassing sign at my front door along with No solicitors. I strictly enforce what my sign says. I never get visitors from the HOA or any solicitors. because the sign explains that violators will be prosecuted. But you see, I never signed my rights away to any HOA. If you don't like HOA's don't buy a house that requires you to submit to a HOA in the first place. If the neighbors form an HOA after you bought the house they can't force you to join. They can only make your life miserable with harassment but then you can play that game too. Soon one will leave the other alone.


Here's a suggestion for anyone thinking of signing a contract with an HOA- Read the contract carefully. Then add a short statement to it that states- "If any provision, restriction, or rule of the HOA is found to violate any Federal, state, or local laws, I will not submit to those specific rules. "

TNGTony said:

Actually, if you read Ice's post and my post directly above this one, this is not quite right. They can tell you where to place it IF it doesn't unreasonably add to the cost AND you can receive signal at that location.

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A few years ago, I got a similar letter from my HOA stating that I didn't not have an application on file for my satellite dish. I called the contact listed on the letter and told them about the FCC OTARD rules saying that I didn't have to. She said that they had the power to request the location and that I still had to "apply" to have the DISH even though they could not reject the application. Basically it boiled down to the fact that they wanted the $75 "application" fee. She said they had audited the neighborhood and sent letters to all DISH owners. I told her that per OTARD, I thought the "fee" was an "unreasonable cost" and that I wouldn't comply. She again insisted that it was required. I hung up and never sent anything in. I also never heard from them again either. It has now been several years and I have added a wing DISH and then ended up moving back to a single DISH on the other side of the house when I went to eastern arc. Not one peep from the HOA.

The only downside was that I worried for a while that they may use it as leverage against me on other things. ( Driveway expansion, ...etc ) But they didn't. I applied for a retaining wall, and it went through ok. But that would be the only downside of arguing that I could think of. It wouldn't hurt to see what they want. It might be a situation where they are trying to justify their existence and trying to collect some fees from people.

I don't live in an area with an HOA, but an in-law of mine did for a few years. Because they didn't know their rights, they were forced to switch from DirecTV to Adelphia. At the time, it was like switching from an Hummer to a Smart-Car. Basically I'm giving the OP a virtual pat on the back for taking the time to research these items, instead of caving before hand, like my in-law.

Everyone is entitled to their preference, but I choose not to deal with any HOA like entity, because I can't stand having someone breathe down the back of my neck over their disapproval of my grass height, or choice of color siding, or placement of a dish. However, I also choose to keep my home presentable.