My HOA is forcing me to say goodbye to DISH

[bruin95]

Got a pretty threatening letter in the mail from my HOA today. Basically, all units in my complex who do not have a dish in a "private use" area, will be forced to remove the dishes and repair any damage the install may have caused by August 15th, or face pretty hefty fines. They say, in the letter, that the dishes are "eyesores", and diminish the value of the properties. What a joke! While I realized that I really don't have a legal leg to stand on, the problem I have with this decision is that the dish has been in the same location since 1997. Now, all of a sudden, the dishes are eyesores. Unfortunately, I will not be able to get a signal from my "private use" area, so I stuck with getting cable. The problem with that is my local cable co. sucks. They haven't added any new channels in over 2 years. I also have an FTA system and, of course, that goes bye bye also. I was planning on moving in about 2-3 years, but now I'll probably start looking for a new home within a year. The new place will certainly NOT have an HOA. I'm done with these Nazi's.

 

[whatchel1]

Got a pretty threatening letter in the mail from my HOA today. Basically, all units in my complex who do not have a dish in a "private use" area, will be forced to remove the dishes and repair any damage the install may have caused by August 15th, or face pretty hefty fines. They say, in the letter, that the dishes are "eyesores", and diminish the value of the properties. What a joke! While I realized that I really don't have a legal leg to stand on, the problem I have with this decision is that the dish has been in the same location since 1997. Now, all of a sudden, the dishes are eyesores. Unfortunately, I will not be able to get a signal from my "private use" area, so I stuck with getting cable. The problem with that is my local cable co. sucks. They haven't added any new channels in over 2 years. I also have an FTA system and, of course, that goes bye bye also. I was planning on moving in about 2-3 years, but now I'll probably start looking for a new home within a year. The new place will certainly NOT have an HOA. I'm done with these Nazi's.

Actually the FCC says that if it's on your property that the HOA is wrong. Do a bit of searching on here and you can find more info on this type of issue.

 

[TG2]

Why would your private use area not get a signal from dish? Is it because the over hang from someone above? or a building across from you?

is it possible that you can extend the dish on a platform from your area?

As to the whole HOA says.. you really should get a lawyer, and you might get with everyone else that has a dish that will be effected, and all of you work together to get a solution. Most likely the HOA is in the position of upholding a wall or area that isn't owned by the tenants as part of the condo. Additionally, you might be able to get a lawyer to allow antenna installation on the roof, with cables running in common area's from the roof down, or in a cable run/enclosures, or just by having vertical cable ties to hold the cable close to the wall properly (or at interior corners, or under an outside corner's cover if siding is being used).

And with the "roof" setup.. you would have the ability to get non-penetrating roof mounts..

 

[DishSubLA]

I have no doubt the someone on the association is getting something in return ($$) from the local cable co. You should investigate that. Such arrangements have been forced into the light in the past when the result would just about eliminate sat reflectors.

 

[Bob_Roberts]

What your HOA is doing may well be illegal. I had a similiar battle about 15 years ago and WON!

• The Telecommunications Act of 1996 states that all households have the right to own and use a satellite dish. It is against the law for a municipality or person to purposely obstruct a satellite signal. The Act does not specify a penalty, but local or state zoning laws may be applied to offenders. The Telecommunications Act also applies to other kinds of infringements, such as requiring a permit for a satellite dish. Condo associations, municipalities, and rental property owners cannot require a permit to use a satellite dish. Any property or municipality that requires a permit for a satellite dish is delaying the individual's right to property. Only permits necessary for historic preservation or for public safety are permissible.
  
  

Renters' Rights

• In 1999, the Telecommunications Act of 1996 was amended to allow renters the right to own a satellite dish. However, the satellite dish must meet a reasonable size requirement set by the rental company or landlord. The renter may only place the satellite dish on a balcony or patio.
  
  

Read more: Laws on Satellite Dishes | eHow.com Laws on Satellite Dishes | eHow.com​

 

[Tampa8]

Guys, his equipment is not in a private area, and as he acknowledges he may not have a legal stance in this. None of the laws you are quoting will overcome that.
That said, I would talk to a lawyer versed in real estate/renting laws. Could there be a possibility by allowing for about 14 years they can't now have it removed? I also am doubtful the roof is part of his private area.

 

[Voyager6]

The OP has to clarify his status. Is he in a HOA controlled community or a condo community? There are differences. Does the OP own his property or just the inside of his unit (as in a condo community)? He should read the OTARD provisions and see if the HOA is within it's rights to demand the removal of the dish.

Q: If I live in a condominium or an apartment building, does this rule apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.
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.
Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?
A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule. This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.

 

[Tampa8]

The OP has to clarify his status. Is he in a HOA controlled community or a condo community? There are differences. Does the OP own his property or just the inside of his unit (as in a condo community)? He should read the OTARD provisions and see if the HOA is within it's rights to demand the removal of the dish.

Maybe I'm missing something? Where are the differences between a condo association and apartment complex in what you posted? In fact doesn't it say the exact opposite?
"The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building" I do not remember ever seeing a difference between a HOA or a condo community for this and what your quoting does not make a distinction. In any situation you have private areas, and common areas. In either case, condo or HOA, you might own the roof for instance, if it is considered a detached unit. (As one example) But even then, the HOA or condo community can prohibit putting the dish on the roof, IF there is an alternative.

 

[Hall]

...my HOA today. Basically, all units in my complex who do not have a dish in a "private use" area

Based on this limited information, it certainly sounds like this is a condo-type arrangement. I also realize this is a "pro-satellite" website, but there are scenarios where the HOA can "win" or is "right". In this case, and bruin95 also realizes, he will likely lose this battle. The FCC's OTARD ruling is not 100% in favor of the end-user, contrary to what some think.... It can certainly help end-users in many cases, but not always.

 

[mdram]

you may have a case for adverse possesion
also check the hoa docs
and consult a lawyer

 

[empiretc]

get a lawyer. if the dish has indeed been there since 1997, and you can prove that, you are grandfathered.

 

[Hall]

Grandfathered ? Does OTARD have 'grandfather' provisions ?

I do agree that after ~15 years, a dish doesn't all of a sudden become an "eyesore", but where do they make the cut-off ?

 

[pabeader]

as a first salvo, print a copy of OTARD, incluse it along with a copy of their letter, with a note from you saying "This is my response to your request" good chance they will back off.

 

[empiretc]

in most cases, it is similar to squatter rights- in use, openly and knowingly, for over 10 years.

 

[TG2]

As to my roof suggestion.. its not a matter of ownership ... its a matter of trying to get a compromise.. just like in the cases of getting one roof based sat antenna penetrating or non, and distributing the signal over a complex ... they could do that too ... its just a matter of getting others involved, standing up for your rights, and getting the HOA and building associations to work *with* you rather than against you ...

ie.. "hoa we want to do what you ask, however, we need an alternative to allow us getting Dish ..." and alternatives need to also include allowing users to get Directv too ...maybe its cable runs to every unit that can be put onto dish or directv, or cable .. doesn't matter so long as they work with the users for user prefrence/choice

 

[tedb3rd]

Setup a C-BAND satellite and then work a negotiation back to just the Dish dish!

Seriously.. Like the others said, do some research. I remember we had the same thing back YEARS ago at a marina. Back then, the marina decided that OTA antennas were an eyesore. They sent the same threatening letters and said they would remove the antennas after date X. Well, they did come and remove the antennas. However, somebody who had their antennas removed WAS a lawyer. A few weeks later, all the antennas had been reinstalled by the marina. We came to find out that there was some rule where if they (in this case the marina property owners) did not allow antennas, fine, but the law then required them to supply free basic cable at no addtl. cost to 'tenants' (in this case, those who rented slips). This was back in the say before Dish and Direct and don't know if it was a state law, FCC rule, or whatever... But anyways... It's definitely worth doing some research to see what you can do.

My parents live in a neighborhood where HOA does not allow it. They're in the same situation because all the 'hidden' spots also block the signal. My dad painted the dish the same color of the bushes and mounted it basically at ground-level. He has not gotten any complaints.

Good luck! Keep us updated!

 

[The Fat Man]

As someone else said, sounds like backdoor money scheme or something that came from pillow talk between a cable co. rep and someone in HOA. Either way, do you have a written agreement from 97? And please tell them that if it's such an eye sore, then learn to turn their heads. This isn't a beat up geo metro on the front lawn, it's a useful means of legally receiving pay tv.

 

[pabeader]

there are also fake rocks that you can get to cover a dish. just have it moved to the front lawn and cover it with the rock. works for me.

 

[bruin95]

OK. To clear some things up, it is a condo community. I only own the inside of my unit, and the balcony area. I live on the second floor. The only place the dish can go is the balcony. It also cannot be physically attached to the building. They are suggesting a pole and a bucket of cement, or a tripod. I will not be able to get a signal from my balcony because it does not face in the direction the dish needs to point. It would face the building. Also, the balcony is covered. There are trees totally surrounding the entire front of the unit, so even if it was facing the right way, the signal would never get past the trees. Basically, I'm screwed. About 4 or 5 people will be able to keep their dishes, because they line of sight from their patios or balconies. All the rest, and there are a lot, are in the same boat as myself. There is no way I'm hiring a lawyer. The expense would outweigh the reward. Chances are I would lose anyway. The law is totally on the side of the HOA in this case. The thing I'm most upset about is that I've had a dish for 14 years. I started with D* and moved to Dish in 2003. I also realized that since I upgraded to a 922 in October, I'm under a new 2 year commitment. Can you say early termination fee? It just gets better and better.

 

[bruin95]

there are also fake rocks that you can get to cover a dish. just have it moved to the front lawn and cover it with the rock. works for me.

The lawn is not a private use area.