OTARD/Association question

[navychop]

Well, let's talk real world here. What do the judges in your area actually do when HOA cases come up? Around here, they routinely find for the homeowner, against the HOA, regardless of the rules. It would have to be a pretty bad violation, ugly to an extreme and/or possibly in violation of county regs, or possibly a hazard, for most judges around here to side with an HOA. So "we" in the HOA rely mostly upon voluntary cooperation. Only when it comes to paying money do the judges pretty solidly enforce liens and force the HOA dues to be paid. Of course, this is the South, where individual rights triumph.

If the HOA knows the judges are likely to rule against them, they will compromise and avoid the expense/loss.

 

[scottc98]

Ice, if that is the case and the dish fully resides under the roof and in the "porch" area, then you are in the clear. The HOA would'nt be able to do anything about it.

On another note, the HOA may find it to be extremely ugly to put it there and may be willing to let you put it somewhere else that is not exclusive as a compromise. If that are and the new area (say the roof on top of the townhouse) provides a larger and clearer view of the skies, you might want to consider it.

They can not force you but it may be in your benefit to do it.

Of course I'd get it in writting and then convince the homeowner to buy a motor for the dish