Moving to a neighborhood that doesn't allow dishes

[wavoka]

and we still have 7 months left on our contract. Any way to get out of paying the cancellation fee? I'm not trying to screw anyone out of their money, but since the HOA won't allow the dish I have no other choice.

 

[No_Brains]

the contract does state that if you change your residence you are still liable for the agreement
and it does state that in bold print.....

i know that its usually hard to get out for that reason
i used to work for them

 

[Pepper]

Several choices:
- Put the dish up anyway. Hide it so the HOA doesn't notice. Read the OTARD rules to see if your situation is covered.
- don't move to a neighborhood controlled by a HOA
- pay the cancellation fee

 

[Tyralak]

and we still have 7 months left on our contract. Any way to get out of paying the cancellation fee? I'm not trying to screw anyone out of their money, but since the HOA won't allow the dish I have no other choice.

There is no such thing as an HOA that will not "allow" dishes. Federal law prohibits them from making such rules. If they insist, you can sue them in federal court, and/or file a complaint with the FCC. They DO have some limited control over placement, and can make you do silly things like paint the dish, but they can't outright disallow them.

 

[wavoka]

There is no such thing as an HOA that will not "allow" dishes. Federal law prohibits them from making such rules. If they insist, you can sue them in federal court, and/or file a complaint with the FCC. They DO have some limited control over placement, and can make you do silly things like paint the dish, but they can't outright disallow them.

You are correct, but their placement demands are such that where we would have to place the dish would not give it the view of the Southern sky it needs. Unless out new neighbor is willing to knock the 2nd story off his house.

 

[vegassatellite]

You are correct, but their placement demands are such that where we would have to place the dish would not give it the view of the Southern sky it needs. Unless out new neighbor is willing to knock the 2nd story off his house.

The federal law considers that. HOAs are only allowed to restrict satellite dish placement so long as their requirements don't prevent reception of the service. In other words, comply if you can, put it up anyway if you can't.

 

[Supershooters]

It's your fault for moving into that **** place. Not only is it the satellite dish, next will be your garage door is open, the color of your car is wrong, the color of your house is wrong, the lid on your mailbox is up, your lawn is too long, your lawn is too short, "we don't allow marigolds", not to mention you can forget about putting a flag up, even an American flag. I'm surprised they haven't come up with covenants about what cloths you wear. America the free, free to dictate how people live. Good Lord!

 

[Tyralak]

It's your fault for moving into that **** place. Not only is it the satellite dish, next will be your garage door is open, the color of your car is wrong, the color of your house is wrong, the lid on your mailbox is up, your lawn is too long, your lawn is too short, "we don't allow marigolds", not to mention you can forget about putting a flag up, even an American flag. I'm surprised they haven't come up with covenants about what cloths you wear. America the free, free to dictate how people live. Good Lord!

HERE HERE!

 

[TNGTony]

Wavoka,

I suggest you read this FCC Fact Sheet on Placement of Antennas

An HOA is prohibited from prohibiting satellite dishes under a meter in size (39.69 Inches) except under very, very, VERY narrow conditions.

Even if you sign the contract with the prohibition on it, the prohibition clause is legally just as valid as one stating that only "certain kinds of people" are allowed into the neighborhood. That is to say, worth less than toilet paper because it's not as absorbent!

I understand if you really just don't want a fight, but you have a right to put up an outside OTA antenna for TV, Radio, Internet, satellite service and the federal government will support you if things get ugly!

See ya
Tony

 

[Claude Greiner]

It's your fault for moving into that *** place. Not only is it the satellite dish, next will be your garage door is open, the color of your car is wrong, the color of your house is wrong, the lid on your mailbox is up, your lawn is too long, your lawn is too short, "we don't allow marigolds", not to mention you can forget about putting a flag up, even an American flag. I'm surprised they haven't come up with covenants about what cloths you wear. America the free, free to dictate how people live. Good Lord!

I agree!

As far as the Dish is concerned, your bound to the agreement. The only way you can get out of that agreement is if you do a Dishmover and the technician cannot get line of site due to trees.

If it was me, I would go ignore the HOA's rules and install the DISH anyways since they legally have no right to deny you a signal.

If you got to cancel, I would would just consider the cancellation fee part of the moving expense

 

[tastim]

What others have already said. You have no outs.

Just put up the Dish. If they try to fine you, give them a copy of the OTARD regulations that someone already pointed you to in this thread. What they are trying to do is completely illegal. If you can't get signal anywhere else, by Federal Regulation you COULD put the Dish over your front door if you had to and they could not legally do anything about it.

OR

Pay the cancellation fee.

 

[Greenhorn]

The Federal Communications Commission (FCC) passed rules in 1996 regarding the
installation of satellite dishes for residents of apartments, condos, town homes or
covenant-controlled communities managed by a Homeowners Association.

The FCC ruled that a resident has the right to have a satellite dish that is less than one
meter (39.37 inches) in diameter. The dish may be installed within the renter's or owner's
exclusive area, such as inside a balcony, yard or patio. However, the landlord or the
Homeowners Association can enforce restrictions on common areas, such as the exterior
of the building or the roof.

The FCC ruling also covers unreasonable installation or maintenance costs as well as
unreasonable delays in dish installation, maintenance or use. This means that a landlord
or Homeowners Association cannot ask you to pay unreasonable extra costs or create
undue delays for you to use or install a satellite dish, nor can they prevent you from
installing a dish within the guidelines.

 

[pabeader]

if, by some chance, you personally don't like the look of a dish in your front yard, there are products that you can get, that cover the dish. make it look like a rock, or some such thing. then they really can't say anything. out of sight, out of mind.

 

[allargon]

It's your fault for moving into that God damn place. Not only is it the satellite dish, next will be your garage door is open, the color of your car is wrong, the color of your house is wrong, the lid on your mailbox is up, your lawn is too long, your lawn is too short, "we don't allow marigolds", not to mention you can forget about putting a flag up, even an American flag. I'm surprised they haven't come up with covenants about what cloths you wear. America the free, free to dictate how people live. Good Lord!

The HOA exists to protect common property values by enforcing common decency. I can understand their desire to prevent "eyesore" dishes. However, federal law says that they can't (for the most part) prevent dishes.

When I moved into my neighborhood with a fierce HOA, they mentioned that any dishes would need to be approved by "the committee." The committee chairperson told me flat out, "We can't prevent you from installing a dish." However, they did suggest that I put it on my chimney or the eaves of the rear of my house rather than on a pole or in the front yard. My dish is on the eaves of the rear corner of my house. They also send me a nasty gram in the mail when I don't edge or mow my lawn in reasonable time. I comply--no drama. :up

 

[geonaz]

It's your fault for moving into that *** place. Not only is it the satellite dish, next will be your garage door is open, the color of your car is wrong, the color of your house is wrong, the lid on your mailbox is up, your lawn is too long, your lawn is too short, "we don't allow marigolds", not to mention you can forget about putting a flag up, even an American flag. I'm surprised they haven't come up with covenants about what cloths you wear. America the free, free to dictate how people live. Good Lord!

God did not damn the place. The HOA damned the place. Put up your Dish. Let the HOA worry about the federal rules they are trying to violate. By the way I lived in one of those places where the HOA tried almost all of those things you mentioned. Notice the past tense. Don't live there anymore.

 

[BSUGrad]

They also send me a nasty gram in the mail when I don't edge or mow my lawn in reasonable time. I comply--no drama. :up

Here's the problem with that. Who decides what the reasonable time is? What if I like my lawn a little longer than the average person?

 

[cparker]

No HOA for me. If I own it, it's mine. If I want the lawn longer to survive a hot spell better... my decision. I need an antenna or a dish? My decision.

I know that HOAs are pretty common these days, especially in newer developments, but i'll be damned if I'm gonna pay these kinds of prices for housing AND pay an HOA and then have them tell me when to mow, what to grow, or where I can or can not put an antenna.

 

[vegassatellite]

Exactly, I'm not paying someone to tell me what to do. We have the IRS for that already.

 

[whiteandnerdy]

i couldent imagine living anywhere where people tell me if i can put up a dish or not
i do what i want

 

[Supershooters]

The HOA exists to protect common property values by enforcing common decency.

Common decency? That's like asking somebody what normal is. No matter how you twist it, it's all somebody's opinion.