Satellite install guidelines?

Started by LarryJ • 11 replies • 2130 views

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LarryJ (California)
Posts: 5

Posted:

Does anyone have any satellite and antenna guidelines that fall within the FCC's OTARD ruling? I'm part of a townhouse complex that is about to under go a major paint job. We (the board) would like to do a proper and complete job but there are a number of units that have dishes that will get in the way and have likely caused stucco and wood damage (we have wood around as chimney caps and these will be replaced but some have dishes installed). There is also a lot of hanging coax that will prevent proper paint coverage on the buildings.

We would like to be able to draft some new rules (ours are woefully out of date). Current rules (that are probably illegal now) required ARC approval and required dish install against the chimney using straps. Most people have dishes screwed into the stucco and wood as I previously mentioned. As part of a roofing project we installed poles that would allow dishes to be mounted and there are s-shaped pipes allowing coax to be run into the attic of each unit.

I'm looking for any suggestions of how to approach this and any examples of rules that have been established that would not run into trouble with OTARD.

Thanks.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Larry,

Sorry, I don't have a sample rule for you, but I can tell you that if the assn owns the roof of the units they can prohibit the installation of satellite dish antennas. According to the FCC ruling, a dish antenna cannot be prohibited if installed on an exclusive use area. I know townhomes are not quite the same as condos, so I don't know how this rule applies to you. This only applies to antennas one meter or less (39.37") in diameter. Larger ones can be banned outright!

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

1800 SATELLITE DISH POLICY
1. The size of a satellite dish antenna is restricted to one meter (39.37 inches) or less in diameter.
2. A satellite dish application is required to ensure all equipment is installed in the prescribed manner. An application may be obtained from the Cedar Glen website or from the property management company.
3. A satellite dish mount is provided on the flat roof of each unit. A satellite dish may
only be installed on the flat roof and only on the mount provided.
4. The dish must be grounded.
5. Wiring leading from the dish to the residence may not be attached to the building
exterior. Vents are provided on the flat roof. The resident must use one of the
vents to direct wires to a lower level.
6. A qualified technician must install the satellite dish.
7. Damage resulting from the installation of a satellite dish is the responsibility of
the homeowner.

GeraldT4
Posts: 1,022

Posted:

LarryJ - The FCC ruling regarding antennae placement applies to townhouses in that the association can restrict as long as an exclusive use area is provided for installation. Any placement upon a commonly owned element (roof, stucco, siding, rakeboard, exterior moulding)permits the association to govern placement and removal. If I were you, I'd provide each owner the written guidelines and require they sign and return it to management.

LarryJ (California)
Posts: 5

Posted:

Hi all,

Thanks for the replies so far.

Is it typical for the roof to be something the HOA can control as exclusive use or does it belong to the homeowner? The biggest thing we are trying to determine right now is if we can force homeowners to remove their currently installed dishes (located on the chimney) to the poles? Another note on the poles is that there is 1 pole between every 2 residents and it usually is slightly on one owners side vs the other (so resident 1's dish if located on the pole might be over resident 2's living area). Would there be an easement issue?

Thanks again.

GeraldT4
Posts: 1,022

Posted:

LarryJ - Your question on ownership of the roof, can be definitively answered in your governing documents in the Description of Units. However, USUALLY the roofs belong to the association to repair and replace. The funding of which is in the budget in the Reserve account for replacement, and another Maintenance account for repair until replacement is necessary. As for easement issue, if the roofs belong to the association there is no easement issue because the association owns the roofs. While not ideal to have someone else's dish over someone else's unit, there's nothing an individual owner can really do about it. Did your association ever consider having one designated area in the community for one big satellite dish that serves each unit with coverage, rather than the rather unsightly 1,2,3 off dishes on the roofs and elements?

LarryJ (California)
Posts: 5

Posted:

Quote:

Posted By GeraldT4 on 08/28/2008 5:19 AM
LarryJ - Your question on ownership of the roof, can be definitively answered in your governing documents in the Description of Units. However, USUALLY the roofs belong to the association to repair and replace. The funding of which is in the budget in the Reserve account for replacement, and another Maintenance account for repair until replacement is necessary. As for easement issue, if the roofs belong to the association there is no easement issue because the association owns the roofs.

I'll dig through our docs to see what I can find, we had one homeowner say it's owned by the unit. The HOA does hold the responsibility of repair/replace though.

Quote:

Posted By GeraldT4 on 08/28/2008 5:19 AM
Did your association ever consider having one designated area in the community for one big satellite dish that serves each unit with coverage, rather than the rather unsightly 1,2,3 off dishes on the roofs and elements?

We used to have such a set-up for DirecTV but no one was using it (so was recently removed during the roof replacement early this year) and, AFAIK, it didn't pick up any of the newer satellite locations. If we were to go this route, we would need something for Dish Network as well (of which I am a subscriber and I don't believe distribution works as well). The poles were put up instead.

GeraldT4
Posts: 1,022

Posted:

LarryJ - Forget what other homeowners "say". The description of units is gospel. Seems to indicate the association owns the roofs due to your post that it is repairing/replacing them.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By LarryJ on 08/27/2008 10:26 PM
Hi all,

Thanks for the replies so far.

Is it typical for the roof to be something the HOA can control as exclusive use or does it belong to the homeowner? The biggest thing we are trying to determine right now is if we can force homeowners to remove their currently installed dishes (located on the chimney) to the poles? Another note on the poles is that there is 1 pole between every 2 residents and it usually is slightly on one owners side vs the other (so resident 1's dish if located on the pole might be over resident 2's living area). Would there be an easement issue?

Thanks again.

Larry,

I believe you need to read your gov. docs. It should be specified if the roofs are owned by the assn or by each individual unit owner. If the former, then the assn can definitely ban satellite dish antennas, IAW the FCC ruling. If the latter, the the owners has the right to install a satellite dish antenna and the assn can make certain rules regarding placement but cannot prohibit it, also IAW the FCC ruling.

You can read the FCC ruling at the following website. In fact, the board should have a copy of this ruling for their files and should really adopt a satellite dish rule that is in compliance with this ruling. This is a federal law which the HOA is subject to!

www.fcc.gov/mb/facts/otard/html

LarryJ (California)
Posts: 5

Posted:

Quote:

Posted By GeraldT4 on 08/28/2008 7:32 AM
LarryJ - Forget what other homeowners "say". The description of units is gospel. Seems to indicate the association owns the roofs due to your post that it is repairing/replacing them.

Right, I'm going on what he said because he went over them and I haven't yet. He's a reasonable guy so I don't doubt his findings but he and I had different interpretations of the OTARD rule. I'll try and find the time today to go over our docs as well as the OTARD case rulings.

LarryJ (California)
Posts: 5

Posted:

Quote:

Posted By MaryA1 on 08/28/2008 7:42 AM

Larry,

I believe you need to read your gov. docs. It should be specified if the roofs are owned by the assn or by each individual unit owner. If the former, then the assn can definitely ban satellite dish antennas, IAW the FCC ruling. If the latter, the the owners has the right to install a satellite dish antenna and the assn can make certain rules regarding placement but cannot prohibit it, also IAW the FCC ruling.

You can read the FCC ruling at the following website. In fact, the board should have a copy of this ruling for their files and should really adopt a satellite dish rule that is in compliance with this ruling. This is a federal law which the HOA is subject to!

www.fcc.gov/mb/facts/otard/html

Yes and I will try to read them today so I have a better handle of things. We definitely plan on creating a dish rule that falls within compliance of the OTARD ruling and is part of the reason I posted this originally to see what others have in place.

I had thought previously that an HOA can say where you can install but after reading through the OTARD faq last week, I'm less sure of that now. Then there are those that just went ahead and installed dishes in a matter we don't like and that it might cause them "unreasonable expense" to move them.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Larry,

The assn can adopt a rule which states where the antenna must be placed; however, the rule impairs if it:

1) unreasonably delays or prevents use of
2) unreasonable increases the cost of;, or
3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule

In a planned community the assn cannot prohibit an antenna from being placed anywhere on the members property. The assn can only prohibit placement on any part of a common area. In a condo assn the assn can prohibit an antenna from being placed on any area of the unit that is owned by the assn; the member can only place an antenna on his exclusive use area, generally a patio or balcony. So, the assn can prohibit certain areas of each individual unit together with any portion of a common area.

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