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SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
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Subject: ASK THE EXPERT: Satellite dish placement in HOAs and condos
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hoatalk


Posts:570


01/31/2017 9:02 AM  
Opportunity for HOATalk members to get free expert advice:

HOATalk is happy to introduce our new sponsor, the Satellite Broadcasting and Communications Association (SBCA). 

The SBCA's mission is to provide education for consumers and communities on satellite dish placement.  They have provided some basic information and links below.

Feel free to ask questions or have a discussion by posting a reply.  Our friends from the SBCA will be happy to answer your questions.


sbca_logo.jpg

Answers on satellite dish placement in HOAs and condos:

Who we are:


Founded in
1986, the Satellite Broadcasting and Communications Association (SBCA)
is the national trade organization representing the consumer satellite
industry. The Association provides education and assistance to
consumers, property managers and HOA’s regarding satellite placement
issues.

SBCA, OTARD and the FCC:

Satellite
television, interactive content and high speed satellite internet have
long been extremely popular home and multiple unit technology
alternatives. Oftentimes, we find that consumers run into issues
regarding their ability to install and enjoy satellite service whether
it is video or broadband. In addition many landlords, property managers
and HOA boards have questions regarding satellite dish placement. SBCA
works with these parties help them understand the regulations.

The
Over-the-Air Reception Device (OTARD) is the Federal rules used by the
consumer satellite industry regarding installation, maintenance and use
of satellite antenna dishes. The Federal Communications Commission (the
FCC) is responsible for administering these rules, and ensuring OTARD
guidelines are followed. SBCA works with the FCC to ensure that these
rules are followed.

Important information to know about OTARD:

The
OTARD Rule applies to most state and local laws and landlord or
community association rules that contain antenna restrictions that:

* Unreasonably delay or prevent installation, maintenance or use
* Unreasonably increase the cost of installation, maintenance or use
* Preclude a person from receiving or transmitting an acceptable quality signal from an antenna covered under the Rule

A consumer’s use of a covered dish antenna is protected by the OTARD Rule if:

* Placement of a dish is in the resident’s (owner or renter) exclusive use area, such as a balcony, deck, garden, yard or patio

* Placement of a dish is wholly within the user’s exclusive use area

More SBCA resources:

For more information about the OTARD rule, or specific guidelines, SBCA has created multiple documents for your convenience:

* The FCC’s FAQ page:
https://www.fcc.gov/media/over-air-reception-devices-rule#Q

* SBCA’s one-page document about the rules: http://sbca.org/sites/default/files/SBCA_OTARD_flyer.pdf

* Dish placement diagram:
http://sbca.org/sites/default/files/DISH-PLACEMENT-DIAGRAM.PDF

For More information:

Do you need additional information about OTARD, the FCC guidelines and SBCA?
http://www.sbca.org/consumer-resources

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WayneN
(Florida)

Posts:7


02/17/2017 4:44 AM  
Our HOA in Florida is a mix of Single Family homes and connected townhomes ( all two story, side by side ) . I know that a Single Family Owner can place a Dish anywhere on his own building .
For a townhome can the HOA Prevent Sat Dishes from being installed on an outside wall ? The owners own the entire outside of their townhomes but the outside walls all connect
MeganK1
(District of Columbia)

Posts:4


02/17/2017 7:32 AM  
Wayne,

I have a questions for you, is your townhome considered a "condo" in your contract? Specifically, does the HOA own or maintain the shared walls?

Thank you!

Megan Kueck
Manager, State and Local Affairs
Satellite Broadcasting & Communications Association
WayneN
(Florida)

Posts:7


02/17/2017 8:51 AM  
they are not condos and each owner insures the outside of the walls but the HOA is responsible to paint them if that makes sense
MeganK1
(District of Columbia)

Posts:4


02/17/2017 9:22 AM  
Maintenance by the HOA does not equal ownership. So, I would say that you could put them on the building, but to do it in what would be considered “personal use space.”

Here are some additional information about the FCC's guidelines and other SBCA resources:

http://sbca.org/consumer-resources
https://www.fcc.gov/media/over-air-reception-devices-rule#Q
http://sbca.org/sites/default/files/SBCA_OTARD_flyer.pdf
http://sbca.org/sites/default/files/DISH-PLACEMENT-DIAGRAM.PDF


Megan Kueck
Manger, State and Local Affairs
Satellite Broadcasting and Communications Association (SBCA)

WayneN
(Florida)

Posts:7


02/17/2017 9:29 AM  
Thank you and that makes sense . Now would a tenant need an owners written permission to install a dish on the building
MeganK1
(District of Columbia)

Posts:4


02/17/2017 9:30 AM  
Are you living in the townhome and renting from someone? Or do you mean written permission from the HOA?
WayneN
(Florida)

Posts:7


02/17/2017 9:50 AM  
I meant if a tenant was renting a two house can the HOA require the tenant to get and submit a written letter from the landlord that the landlord is allowing the sat dish install
MeganK1
(District of Columbia)

Posts:4


02/17/2017 10:04 AM  
This is directly from our consumer resources website:

http://sbca.org/sites/default/files/SBCA_OTARD_flyer.pdf

As long as it is your "personal use space," they cannot unreasonably delay instillation, and generally cannot require approval or a permit.

Megan
WayneN
(Florida)

Posts:7


02/17/2017 10:07 AM  
Thanks for the info
TimB4
(Virginia)

Posts:14072


02/18/2017 8:40 AM  
Wayne,

Megan can correct me if I am incorrect, it is my understanding that although the an HOA (vs. COA) can not prohibit the installation of the dish, they can specify that they be mounted in specific areas providing that an acceptable signal level can be received.

For example:

They can say that you must first try to mount the dish in the rear yard, if that doesn't work, then on the rear portion of your roof so it is not seen from the street. If that doesn't work, then it can be mounted in the front area of the property.

GenoS
(Florida)

Posts:1169


02/18/2017 6:25 PM  
Having looked at this issue a bit lately, my understanding is that, essentially, an owner can put the dish anywhere they want. All the owner has to do is state in writing that that location is the only one that provides a satisfactory signal. An association cannot demand "professional" installation, and any action, demand or request that would result in extra delay or cost to the home/unit owner is improper.
KarenC22
(Florida)

Posts:18


06/22/2017 5:34 PM  
I am very glad to see this post. Just 10 minutes ago, one of my neighbors advised that our board discussed in a recent meeting restricting any new satellite dishes. They are under the impression they may prevent residents from accessing local utilities. It's difficult for me to believe that could in any way be real.

All the best,
Kay
StevenH3
(District of Columbia)

Posts:4


06/23/2017 6:49 AM  
Karen, if the satellite industry can be of assistance please let us know. We spend considerable time educating HOA's on the federal regulations. Happy to help.
StevenH3
(District of Columbia)

Posts:4


06/23/2017 6:49 AM  
Karen, if the satellite industry can be of assistance please let us know. We spend considerable time educating HOA's on the federal regulations. Happy to help.
StevenH3
(District of Columbia)

Posts:4


06/23/2017 6:49 AM  
Karen, if the satellite industry can be of assistance please let us know. We spend considerable time educating HOA's on the federal regulations. Happy to help.
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