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JennN
(Washington)
Posts:8
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| 03/13/2008 3:24 PM |
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I am on the Board of a relatively small townhome community (66 units). Our declaration states that a homeowner cannot attach a satellite dish to any limited common element (we have decks/patios) or install a satellite dish in any common area.
We have a homeowner who is requesting to install a dish in a limited common area which is adjacent to his limited common area. His limited common area is a cement patio and the adjacent common area is a small grassy area. His building faces in such a way that he cannot get reception for his dish if he places it on his limited common area because his townhome is two stories tall. His unit is one story tall in front of the small adjacent common area, however. The dish company has indicated that it could install a dish in the ground which comes just over the height of the one story part of his unit and he could get reception.
Here are our potential issues, there are other buildings/units which face the same issues. The other units are three stories tall and would likely have to install a dish on the roof and potentially compromise our building envelope. The homeowner making the request can install his in a small grassy area which causes no alterations to any building envelope.
We would like to offer our homeowners access to stations they choose to watch, but we don't want to open up a can of worms. On the other hand, we don't want to subject ourselves to potential litigation if we deny such requests when there is possibly a viable, safe alternative.
Has anyone dealth with this issue and what good or bad results did you experience??? |
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SusanW1
(Michigan)
Posts:2116
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| 03/13/2008 4:14 PM |
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If you have a groundswell for change to ANY rule, bylaw, article, or declaration, then you must go through the steps to change them.(See those documents for instructions)
The Board cannot play favorites or interpret the bylaws to benefit certain resident wishes.
Gotta go thru the hoops, if you want change!
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HaroldS
(Arizona)
Posts:904
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| 03/13/2008 6:31 PM |
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| By Federal law you must allow placement where best reception can be gotten, regardless of what your documents say. But I'm not sure if that requires you to relinquish common area. |
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GloriaM
(North Carolina)
Posts:778
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| 03/13/2008 7:24 PM |
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Jenn:
Satellite dishes are governed by the FCC in Washington DC. Although the HOA must allow satellite dishes they can have guidelines such as not to be visible from the street. We all know that dishes must get a south west position in order to get a signal. The installer can place the dish in the southwest position in order to obtain the best signal;unfortunately if that position is smack dab in the front of the house, you would have to allow it. However, the board could still choose some guidelines as to that position. What I mean is on a pole on the ground in the planter with shrubbery to conceal. Also the size is governed as well 18", so if you want a HO who wants a 4" dish; the HOA could prohibit that size. We have Owners fill out a satellite Notification form that gives the Owners these guidelines, its not an approval form as much as it is an expectation. |
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Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
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*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BruceF1
(Connecticut)
Posts:525
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| 03/13/2008 7:59 PM |
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GloriaM,
The law says "one meter or less in diameter". Quotation taken from 47CFR1.4000. One meter is approximately 3 ft. You cannot prohibit antennas that are smaller than this. If you have been doing it and getting away with it, you are lucky. |
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BrianB
(California)
Posts:1732
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| 03/14/2008 7:21 AM |
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Posted By GloriaM on 03/13/2008 7:24 PM
Jenn:
Also the size is governed as well 18", so if you want a HO who wants a 4" dish; the HOA could prohibit that size.
Just curious, for what reason would an HOA allow an 18 inch dish, but ban a 4 inch dish? Wouldn't smaller, in this case, be better? Is there a line of logic I am not thinking about?
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BruceF1
(Connecticut)
Posts:525
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| 03/14/2008 10:06 AM |
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BrianB,
Aaaaahhh - I think I see what's wrong here. I questioned Gloria's statement too (see my post above) but I think I figured it out. She left out a "0". I'll bet she meant to write 40" and not 4"; that would make sense.
The FCC rule applies to all satellite dishes 1 meter or less in diameter. A meter is about 39.37", so you could prohibit all satellite antennas greater than this size, such as all those larger than 40".
Now it makes sense! |
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BrianB
(California)
Posts:1732
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| 03/14/2008 12:03 PM |
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Thanks! I was curious what the issue would be on a 4 inch dish, or even how an HOA would likely notice something that size... the missing 0 explains it!
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SuzyC
Posts:0
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| 03/15/2008 4:50 AM |
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I live in a 4 storyl building. We do not allow for dishes to be installed on patios, or walls,
We have over 80% satellite dish usage in our building, which is just a bit smaller than yours. Satlellite dishes are on the roof, not drilled or fixed to any surface, this is done by using cinder blocks. It is common here and I have never had a problem. Ask you local installer if they have used this plan, get a copy of their specs and vote it in as a rule!
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PaulM
(Pennsylvania)
Posts:1347
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| 03/15/2008 6:32 AM |
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JennN: What does the wording state in the Declaration that would prevent an owner from installation of a satellite dish on their limited common element?
Are you referring to attaching to the roof of a patio which is part of the owner's unit?
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