My HOA is forcing me to say goodbye to DISH

I'd call Dish and find out if there is any way that you can put your 2 year committment on hold until you can relocate. I would imagine they've gone through this before and have options.
 
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.

This may or may not help you. HOW many have existing dishes? Would it be possible to meet with them and talk about forming some action against the HOA? In an article not directly related to satellite it is saying that HOA are getting worse. One thing I noticed in the article is saying that something like 50% of HOA's are having problems keeping afloat. So if they have several people go to them in force with a complaint they might back down. Here is link to that article: Neighbor vs. neighbor as homeowner fights get ugly - Yahoo! Finance I hope the suggestions have given you some ideas on what to do.
 
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.
Ok mister sad sack .. just rain doom and gloom, don't bother calling a meeting of the OTHER people that are in the same boat.. don't *ALL* of you pool 50 bucks each to AT LEAST get an arbitration going that might get some concession from the HOA (ie. roof installs with cable drops) or even find out if ONE of the others effected might already be a lawyer and be willing to take on the case with a reasonable fee to act with arbitration..

You've gotten a lot of good ideas here.. even if you had a mushroom farm area you seem willing to self destruct instead.

Seriously ... get a group of people together .. punch and cookies are cheap ... time is of the essence make a flyer, mass copy it at staples and post one or more at each of the homes you see with Dish ... etc etc etc.. you want to keep dish, you all need to put up a fight.. for all you know there might even be the potential of over-rulling the HOA .. they DO have rules.. and a group can call for votes on things in some of them... but you'll never know.. because you're not going to work at this.. even an hour of your time to post flyers.

You want some morale support structure.. you've got it.. you want to just post in anger and give up.. then you've done that.. so see ya..
 
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.
They haven't said anything because they legally can't.

In a neighborhood of houses, HOA's can not ban dishes due to placement. If you can not get an adequate signal from the back (or other hidden area), OTARD specifically allows you to put it in the front.
FCC OTARD Fact Sheet said:
Q: What restrictions prevent a viewer from receiving an acceptable quality signal? Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?

A: For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.
 
They haven't said anything because they legally can't.
In a neighborhood of houses, HOA's can not ban dishes due to placement. If you can not get an adequate signal from the back (or other hidden area), OTARD specifically allows you to put it in the front.
The problem however, is that their rules *are* enforceable because the wall were they *were* installed, is not owned by the condo owners, its owned by the building association or some HOA formed group... etc.. As this paragraph clearly states:
FCC Fact Sheet on Placement of Antennas
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.
This will cover the HOA .. the wall that is being used, is not owned by the unit owner, its HOA or Building Owned .... as such they can enforce their rules.

AGAIN, however, getting a lawyer could suggest litegation ... and the lawyer *could* try to get the HOA and Building Association to ease up on access to the roof. Using non-penetrating Dish Mounts and then either running the cable down through the mechanical room/space *or* running in a corner on the outside, with a cable tray or spacers to attach to.
 
As a president of a board, I think I may add color to the discussion here and share my own experience.
As soon as I moved to my condo, I tried to get both Directv and Dish and then, unfortunately, I realized that my balcony face the opposite direction, so I couldn't get either and was forced to go with Comcast. Also, there was the issue of several, primarily, DIsh network dishes popping up everywhere in the balconies that were able to "see" the satellites. Primarily Dish because it's a community that's about 30% Indian and Indian descents, so, at the time, Dish was the best on Indian programming.
So the association - of which, at the time, I wasn't part of, worked on a solution with a company that their name escapes me, which installed master Dishes on each building and provided us with Dish network service. I shall state, thought, that said company was doing a lousy job. For example, back in 2005, when I purchased my first HD TV set, they did not have and, worse, were not willing to install the proper equipment to upgrade our service so that we could get HD from Dish. By then, 2005, I was part of the board and, unfortunately, the previous board had done an awful job with the contract with that provider, and basically gave a 10 year commitment for them to be the sole Satellite TV provider of the association with no strings attached.

But then we got luck around, give it or take it, early 2008. Said satellite provider contractor got bought by a larger company, one based out of Chicago, IL. And, thankfully, our contract stated that in that case, we could make the contract void. With SO many residents - and, us, the board - very unhappy with the provider, we took the opportunity to say sayonara to them.

Next step, still back in 2008, we sent a letter to all in the community and ask the community whether they'd prefer to get master antennas from Dish or Directv. The result of the surveys said Directv. However, back then, mid to late 2008, when we contacted Directv commercial services, they were not responsive at all. So we contacted Dish commercial services and got a new contract with Dish - and we worked with our association attorney so that we have SEVERAL ways out of the contract. Our contract says that Dish is now the sole association satellite provider or master dishes - leaving an out for the residents that can/want to get Directv to have service with Directv. Also, our contract mandated Dish to convert all Dish subscribers seamlessly, which they did, and to no cost or no additional commitment required from the residents. finally, we are protected with a clause that makes sure Dish is mandated, at their own cost, to upgrade our condo equipment to whatever is the state-of-art that Dish offers - for example, Dish has already upgraded us to EA.

So here goes my advice to you: Contact your board and volunteer to get quotes from Dish and Directv commercial services, so that only 1(or a few, in our case, for international programming) dishes are installed at the top of the buildings. That way, a couple of things happen:
1- No more dishes illegally installed in common areas
2- No more dishes in balconies, thereby freeing up balcony space for the residents - because, once a master dish from a provider is installed, the FCC rules and regs do say that association can mandate the dishes for that provider to be removed from the residents balconies, it's all about "access to programming" that the association must provide and, by providing master dishes for that provider, association will be then fulfilling the FCC mandate
3- Even the units in your situation are able to have access to the satellite company programming

Feel free to PM me if you want my contacts at Dish for the commercial install. And I am pretty sure Dish employees, aka DIRT, that are part of this forum can help you. Finally, if your association board refuses your cooperation on getting master dishes installed on the top of the buildings, it's when you might wanna to approach your local politico representative to try to help.
 
The problem however, is that their rules *are* enforceable because the wall were they *were* installed, is not owned by the condo owners, its owned by the building association or some HOA formed group... etc..
I wasn't referring to that, I was replying to Ted's post about his father's House in a HOA area where he said they said all the dishes had to be in the back.
 
Travelfan1, great information. It certainly is something to be considered.

Those criticizing the OP, I don't agree. Everyone has priorities, his isn't to go through what would certainly be a prolonged process just to possibly get Dish for TV, and be at odds with the association.
 
I wasn't referring to that, I was replying to Ted's post about his father's House in a HOA area where he said they said all the dishes had to be in the back.
Sorry ... but also wanted to make sure that others saw the correct info on why our OP was needing to take the letter seriously.

Travelfan1, great information. It certainly is something to be considered.
Those criticizing the OP, I don't agree. Everyone has priorities, his isn't to go through what would certainly be a prolonged process just to possibly get Dish for TV, and be at odds with the association.
For my own part. its partly tongue in cheek, but at the same time.. even doing simple flyers.. post them at the mailboxes for each building the complex that has dish *or* directv... get an online group going at yahoo even... I mean.. there's easy and free ways to do these things.. and still be able to get groups of people motivated to work toward a solution for everyone. ... if any of that is too much for our OP ... then he's really out of luck and like I'd said.. posted in frustration does nothing more... and so is done with the issue. He has a chance if he really wants his choice, even if not Dish ... just having the choice.. is exercising the rights we have, in these united states...
 
Ok mister sad sack .. just rain doom and gloom, don't bother calling a meeting of the OTHER people that are in the same boat.. don't *ALL* of you pool 50 bucks each to AT LEAST get an arbitration going that might get some concession from the HOA (ie. roof installs with cable drops) or even find out if ONE of the others effected might already be a lawyer and be willing to take on the case with a reasonable fee to act with arbitration..

You've gotten a lot of good ideas here.. even if you had a mushroom farm area you seem willing to self destruct instead.

Seriously ... get a group of people together .. punch and cookies are cheap ... time is of the essence make a flyer, mass copy it at staples and post one or more at each of the homes you see with Dish ... etc etc etc.. you want to keep dish, you all need to put up a fight.. for all you know there might even be the potential of over-rulling the HOA .. they DO have rules.. and a group can call for votes on things in some of them... but you'll never know.. because you're not going to work at this.. even an hour of your time to post flyers.

You want some morale support structure.. you've got it.. you want to just post in anger and give up.. then you've done that.. so see ya..

We have already had several HOA meetings about this subject over the past 6 months. Unfortunately, I was the only one who seemed to care. I knew this day was coming, I just didn't think they'd take action so quickly. I thought this wouldn't happen until next year. I work long hours and have no time to print flyers, or go door to door, and try to get people, that I don't know and don't seem interested anyway, to fight this decision. If I'm fighting it, I'm fighting alone. I'm sorry this doesn't meet with your approval. Also, you may want to tone down the attitude a bit. It is certainly not appreciated. As I have stated before, I'm more upset with the timing of this decision, and the money it is going to cost me, then losing Dish service. I have already talked to Dish. They are not going to waive the termination fee, and why should they? It's free money. Also, my local cable co. has no current specials going on. I have to pay for installation. I'm also going to have to pay more per month for less. Something I'm also not too happy about.
 
As a president of a board, I think I may add color to the discussion here and share my own experience.
As soon as I moved to my condo, I tried to get both Directv and Dish and then, unfortunately, I realized that my balcony face the opposite direction, so I couldn't get either and was forced to go with Comcast. Also, there was the issue of several, primarily, DIsh network dishes popping up everywhere in the balconies that were able to "see" the satellites. Primarily Dish because it's a community that's about 30% Indian and Indian descents, so, at the time, Dish was the best on Indian programming.
So the association - of which, at the time, I wasn't part of, worked on a solution with a company that their name escapes me, which installed master Dishes on each building and provided us with Dish network service. I shall state, thought, that said company was doing a lousy job. For example, back in 2005, when I purchased my first HD TV set, they did not have and, worse, were not willing to install the proper equipment to upgrade our service so that we could get HD from Dish. By then, 2005, I was part of the board and, unfortunately, the previous board had done an awful job with the contract with that provider, and basically gave a 10 year commitment for them to be the sole Satellite TV provider of the association with no strings attached.

But then we got luck around, give it or take it, early 2008. Said satellite provider contractor got bought by a larger company, one based out of Chicago, IL. And, thankfully, our contract stated that in that case, we could make the contract void. With SO many residents - and, us, the board - very unhappy with the provider, we took the opportunity to say sayonara to them.

Next step, still back in 2008, we sent a letter to all in the community and ask the community whether they'd prefer to get master antennas from Dish or Directv. The result of the surveys said Directv. However, back then, mid to late 2008, when we contacted Directv commercial services, they were not responsive at all. So we contacted Dish commercial services and got a new contract with Dish - and we worked with our association attorney so that we have SEVERAL ways out of the contract. Our contract says that Dish is now the sole association satellite provider or master dishes - leaving an out for the residents that can/want to get Directv to have service with Directv. Also, our contract mandated Dish to convert all Dish subscribers seamlessly, which they did, and to no cost or no additional commitment required from the residents. finally, we are protected with a clause that makes sure Dish is mandated, at their own cost, to upgrade our condo equipment to whatever is the state-of-art that Dish offers - for example, Dish has already upgraded us to EA.

So here goes my advice to you: Contact your board and volunteer to get quotes from Dish and Directv commercial services, so that only 1(or a few, in our case, for international programming) dishes are installed at the top of the buildings. That way, a couple of things happen:
1- No more dishes illegally installed in common areas
2- No more dishes in balconies, thereby freeing up balcony space for the residents - because, once a master dish from a provider is installed, the FCC rules and regs do say that association can mandate the dishes for that provider to be removed from the residents balconies, it's all about "access to programming" that the association must provide and, by providing master dishes for that provider, association will be then fulfilling the FCC mandate
3- Even the units in your situation are able to have access to the satellite company programming

Feel free to PM me if you want my contacts at Dish for the commercial install. And I am pretty sure Dish employees, aka DIRT, that are part of this forum can help you. Finally, if your association board refuses your cooperation on getting master dishes installed on the top of the buildings, it's when you might wanna to approach your local politico representative to try to help.

Fantastic idea. OP, you can PM me as well with your city and state, and the address of the property. Along with contact information for the board/HOA. I'll find out who's in charge of your area regarding Dish Network Commercial Services, and forward them the information so they can get in touch with the board.
 
We have already had several HOA meetings about this subject over the past 6 months. Unfortunately, I was the only one who seemed to care. I knew this day was coming, I just didn't think they'd take action so quickly. I thought this wouldn't happen until next year. I work long hours and have no time to print flyers, or go door to door, and try to get people, that I don't know and don't seem interested anyway, to fight this decision. If I'm fighting it, I'm fighting alone. I'm sorry this doesn't meet with your approval. Also, you may want to tone down the attitude a bit. It is certainly not appreciated. As I have stated before, I'm more upset with the timing of this decision, and the money it is going to cost me, then losing Dish service. I have already talked to Dish. They are not going to waive the termination fee, and why should they? It's free money. Also, my local cable co. has no current specials going on. I have to pay for installation. I'm also going to have to pay more per month for less. Something I'm also not too happy about.

Sue the HOA in small claims court for the cost of the ETF, since it's their rule change that's causing a financial hardship on you.
 
Please show me, in the OTARD ruling, where I have a legal leg to stand on.
Based on the info you've given, as you have already determined, it appears you don't. You're doing what's "best" for you and some people can't respect that. Apparently, you're supposed to drop everything and FIGHT for satellite TV service ! :D

I will say this though, you said the others "don't seem interested". It's possible they don't want to be the person to "rock the boat" but might join up if someone starts the fight.

Finally, if you lose "line of sight", I do believe that's an out for Dish not waiving the ETF.
 
We have already had several HOA meetings about this subject over the past 6 months. Unfortunately, I was the only one who seemed to care. I knew this day was coming, I just didn't think they'd take action so quickly. I thought this wouldn't happen until next year. I work long hours and have no time to print flyers, or go door to door, and try to get people, that I don't know and don't seem interested anyway, to fight this decision. If I'm fighting it, I'm fighting alone. I'm sorry this doesn't meet with your approval. Also, you may want to tone down the attitude a bit. It is certainly not appreciated. As I have stated before, I'm more upset with the timing of this decision, and the money it is going to cost me, then losing Dish service. I have already talked to Dish. They are not going to waive the termination fee, and why should they? It's free money. Also, my local cable co. has no current specials going on. I have to pay for installation. I'm also going to have to pay more per month for less. Something I'm also not too happy about.
First off.. my attitude has been nothing but supportive.. AS HAS 99% of the rest of the people posting.. we've all posted things to try an encourage you to fight for you keeping your dish.

Second.. *YOU* could have mentioned that you've had meetings, could have mentioned the above "I seem to be.. etc" so that the rest of *US* wouldn't have thought of things that could potentially *help* you ... a.k.a. "us users wasting *our* time"

Third ... what else where you expecting? Did you expect if you've posted before about hoa stuff that everyone on the board would have remembered that? or would have gone in depth to look up your previous posts? you didn't bother telling anyone in your original post "and I've tried suggestions in xyz post for this" nor before now, that you had meetings 6 months ago .. you didn't bother to read the other posts ... because you obviously come back with bs like this:
Please show me, in the OTARD ruling, where I have a legal leg to stand on.
The board is public you see, and though you're commenting directly on my one post there, there are other posts ... some which already show you ... and might i point out on half the information ... what legs you could have had ... and then explanations on why you didn't have one (the common wall not yours, etc) so it seems like even then we were trying to find ways to help you...

So in all I stand behind my last line that you quoted..
You want some morale support structure.. you've got it.. you want to just post in anger and give up.. then you've done that.. so see ya..
which then maybe you need a little more explanation .. If *you* (Bruin95) want morale support, and want more ideas on things you could do ... some being inexpensive (an hour of your time to photocopy, 10 cents per sheet at staples/officemax/etc - and then post up the sheets) or more expensive (hire lawyer, etc) You've gotten that.. we, the other posters to your initial question have done so ... *IF* however, your original post was just to vent off steam .. because there's nothing you are going to be willing to do at this point .... OK... We've gotten *that* message..

which just leaves my closing.. "So see ya"... would you rather I say.. "Be seeing you" ... or "and in case I don't see you, good afternoon, good evening, and good night"? ALL of which are saying.. "goodbye" in one form or another.

I'm sorry you didn't read "tongue in cheek" and take that to heart, or that you couldn't understand that your initial post didn't give users enough meaning to grasp *why* you posted.. since the majority of people do post for "help" and pretty much every post given to you has been an offer of the best help they had ...

Unless your post was to get the attention of Dish IRT .. which again you could have stated in your O.P. to see if they'd hold the pity party and get you a deal (and I'd still be supportive of that despite my "pity party" crack) or was the intention to have users actually volunteer, make picket signs, make up flyers for you, and to come boycott your HOA *for* you.. again.. still at a loss on that one.. :)

Either way.. that brings *this* exchange to a close ... where I yet again say.. "So see ya" ... or Adiós, addio, auf Wiedersehen, au revoir, Vaarwel, viszlát, Farvel, la revedere... take your pick.



Edit:
P.S. even before my missive you have Tyralak giving an end game helper idea "sue the hoa" so we're still offering help though you seem not to want it ... and brownie points if you know where "Be seeing you" comes from. ;)
 
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