Will this have to turn into legal case?

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SatelliteGuys Family
Original poster
Supporting Founder
May 21, 2004
80
0
Well, I am an owner of the condo. The condo has a patio on the back with 6' tall fence.

Before I went into any satellite installing, I made sure (FCC) that I can do that.
Even though my association prohibits having satellite dishes I just could not stand looking at Comcast on my $5000 TV so I switched. We had to install the dish inside the patio and be visible above the fence or I would not get any signal.

Days go by, weeks go by and I get a phone call and another and then a visit by the property manager asking me to remove it based on the fact my patio is THEIR property (called LIMITED COMMON AREA) which at the same time is my "exclusive use area". I said I'll see what I can do. I knew there is no other way I can get the signal (LOOOTS of trees) in any other place. While I'm thinking what to do, I get a letter from them giving me an ultimatum to remove it. I wrote them back beautiful letter with quotes (and included copy of) the rule cited as 47 C.F.R. Section 1.4000 of Over-the-Air-Reception Devices (“OTARD”) as adopted by the Federal Communications Commission directed by Congress in Section 207 of the Telecommunications Act of 1996.

I also spoke to the FCC, explained the situation in detail and they told me they do not care what the property manager is calling my patio (limited common area) and that I can have the dish and period.

I still have not received any letter from them but we just got a monthly "reminder" letter saying that:

"residents need to be reminder that no satellite equipment may be installed on common property which includes any portion of the exterior of the building (fine with me) and patio/deck fencing (fine with me too - mine does not even touch it and is put on a pole in the dirt), nor may it be installed on any limited common property such as inside patio areas (exception may be made inside patio areas if the equipment is freestanding and is not visible from outside of the fenced area).

Well, by freestanding, I believe, they mean it is mounted on the tripod right? or not necessarly? In any case, they really think I'll just let this go and remove that thing.

Oh boy!

Any comments?
 
they are basically saying tripod or a pole mounted in a concrete filled 5gal bucket (works really well) but no one can see it. That is their out (they think) they really dont want other residents knowing they can do it. BUT they can exclude you from drilling or mounting on ANYTHING that they own. as long as you are only violating the "sight" rule, you have them. get a lawyer!
 

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