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Subject: Statute of Limitations TX
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Author Messages
SheilaP1
(Texas)

Posts:16


03/20/2021 11:29 AM  
Rec'd a violation 3 weeks ago that my DISH is in violation(on a pole outside my fence)
Condo unit. I moved in nearly 4 years ago and merely hooked up to the DISH. It has never been issue until now???

Is there a statute of limitations? I asked the board if there was a new CCR if not why now?

Thoughts.
I have been reading FCC rules. If this is a financial hardship to move it to the sofit(which it will be) can I use that as an argument?
Any advice most appreciated
CathyA3
(Ohio)

Posts:1746


03/20/2021 1:06 PM  
A condo association can regulate installation of satellite dishes on the common elements. Your association should have guidelines for residents who want to install a dish.

If I were in your shoes, I would work with the board to come up with a suitable location for the dish and move it. The reason is that if you intend to fight this, you're almost certainly looking at legal action of some sort. If, as you suggest, moving the dish is a financial hardship, you should be aware that moving the dish is probably the cheapest alternative as well as the least time-consuming and aggravating.
JohnT38
(South Carolina)

Posts:544


03/20/2021 1:13 PM  
I would call DISH and explain what has happened and see if they'll move it. Even if you are just bluffing indicate you'll have to cancel the service if they can't move it since it violates HOA rules.
JohnC46
(South Carolina)

Posts:10817


03/20/2021 1:23 PM  
Posted By CathyA3 on 03/20/2021 1:06 PM
A condo association can regulate installation of satellite dishes on the common elements. Your association should have guidelines for residents who want to install a dish.

If I were in your shoes, I would work with the board to come up with a suitable location for the dish and move it. The reason is that if you intend to fight this, you're almost certainly looking at legal action of some sort. If, as you suggest, moving the dish is a financial hardship, you should be aware that moving the dish is probably the cheapest alternative as well as the least time-consuming and aggravating.



Sound advice.
CathyA3
(Ohio)

Posts:1746


03/20/2021 1:38 PM  
Addendum: here is what our attorneys have said about satellite dishes in condo communities:

"A satellite dish cannot be installed in common elements without board permission. The FCC’s rule does not require an association to allow the installation of a satellite dish on or in a common element, such as a walkway, hallway, community garden, common element exterior wall, or roof. Board approval is still required to install a satellite dish in such areas."

We had a few unapproved roof installations in my community, and the owners had to remove the dishes at their own expense.

As is typical, the association is required to make "reasonable rules" about this stuff, and these rules need to be published ahead of time. Once you start talking about "reasonable", it means that unresolvable conflicts can get punted to the courts - this means lots of time and expense, and no guarantee that the outcome will be what the homeowner wants.
SheilaP1
(Texas)

Posts:16


03/20/2021 1:40 PM  
Noone is addressing the timing....AFTER 4 YEARS it is a problem???
JohnC46
(South Carolina)

Posts:10817


03/20/2021 1:41 PM  
Posted By CathyA3 on 03/20/2021 1:38 PM
Addendum: here is what our attorneys have said about satellite dishes in condo communities:

"A satellite dish cannot be installed in common elements without board permission. The FCC’s rule does not require an association to allow the installation of a satellite dish on or in a common element, such as a walkway, hallway, community garden, common element exterior wall, or roof. Board approval is still required to install a satellite dish in such areas."

We had a few unapproved roof installations in my community, and the owners had to remove the dishes at their own expense.

As is typical, the association is required to make "reasonable rules" about this stuff, and these rules need to be published ahead of time. Once you start talking about "reasonable", it means that unresolvable conflicts can get punted to the courts - this means lots of time and expense, and no guarantee that the outcome will be what the homeowner wants.



Bottom line for the OP is to aske the BOD where the dish can be installed and get it moved to there.
BenA2
(Texas)

Posts:846


03/20/2021 1:54 PM  
I don't think there is a statute of limitations for enforcing covenants in Texas. Even if there was, I don't think it would apply since it is a continuing violation. In other words the statute of limitations would begin when the violation stopped, not when it began.

A better defense would be arguing that the lack of enforcement for four years constitutes abandonment of the rule. Normally you would have to show that there are numerous similar violations that have been ignored.

You could also ask them to pay for it since they allowed it to be placed there before you purchased the unit. I think that would be fair.
CathyA3
(Ohio)

Posts:1746


03/20/2021 1:55 PM  
Posted By SheilaP1 on 03/20/2021 1:40 PM
Noone is addressing the timing....AFTER 4 YEARS it is a problem???



Read your governing documents, and look for a statement such as "Failure to enforce the provisions of this Declaration do not preclude enforcement in the future."

It's unfortunately common for boards to neglect enforcement, setting up future board members for a boatload of wailing when they finally decide to do their jobs. And it is the board's job to do this.

Again, you may choose to go to court over this and try to claim that the provision became unenforceable after so long. But as I said earlier, that's the expensive and time-consuming option. And four years isn't all that long, so there's no guarantee that the judge would agree this this is a problem.
JohnC46
(South Carolina)

Posts:10817


03/20/2021 2:20 PM  
Posted By CathyA3 on 03/20/2021 1:55 PM
Posted By SheilaP1 on 03/20/2021 1:40 PM
Noone is addressing the timing....AFTER 4 YEARS it is a problem???



Read your governing documents, and look for a statement such as "Failure to enforce the provisions of this Declaration do not preclude enforcement in the future."

It's unfortunately common for boards to neglect enforcement, setting up future board members for a boatload of wailing when they finally decide to do their jobs. And it is the board's job to do this.

Again, you may choose to go to court over this and try to claim that the provision became unenforceable after so long. But as I said earlier, that's the expensive and time-consuming option. And four years isn't all that long, so there's no guarantee that the judge would agree this this is a problem.



Again, sound advice.
BenA2
(Texas)

Posts:846


03/20/2021 3:35 PM  
Posted By CathyA3 on 03/20/2021 1:55 PM
Posted By SheilaP1 on 03/20/2021 1:40 PM
Noone is addressing the timing....AFTER 4 YEARS it is a problem???



Read your governing documents, and look for a statement such as "Failure to enforce the provisions of this Declaration do not preclude enforcement in the future."

It's unfortunately common for boards to neglect enforcement, setting up future board members for a boatload of wailing when they finally decide to do their jobs. And it is the board's job to do this.

Again, you may choose to go to court over this and try to claim that the provision became unenforceable after so long. But as I said earlier, that's the expensive and time-consuming option. And four years isn't all that long, so there's no guarantee that the judge would agree this this is a problem.



I'm surprised to hear anyone say four years is not long. Even if you have an attorney write and send the violation letter, there is no excuse for it taking more than a few months. Assuming the satellite dish was not hidden from view, it seems pretty obvious that the board and/or management did not have a problem with the dish for four years.

To me, the most important fact is that it was already there when the owner moved in. If it was there when the condo was purchased, the association should have noted the violation at the time of sale. I'm not sure about condo associations, but HOAs have to sign a document stating whether or not there are any known violations at the time of sale.

I agree that court should never be the first choice but if there is a document stating there are no known violations and it was ignored for four years, no court is going to make the owner pay to have the dish moved. That's my non-legal opinion.
BillH10
(Texas)

Posts:659


03/20/2021 5:18 PM  
Ben

There is language in the TREC Condominium Resale Certificate which is word for word identical to that found on the TREC HOA Resale Certificate. The Association must certify there are no known violations regarding the unit or list them if there are.

This could be one of those situations in which previous Boards were not performing their fiduciary responsibilities; there may be a new Board in place which is working to address long ignored violations.
DouglasK1
(Florida)

Posts:1569


03/20/2021 7:57 PM  
Posted By BillH10 on 03/20/2021 5:18 PM
Ben

There is language in the TREC Condominium Resale Certificate which is word for word identical to that found on the TREC HOA Resale Certificate. The Association must certify there are no known violations regarding the unit or list them if there are.

This could be one of those situations in which previous Boards were not performing their fiduciary responsibilities; there may be a new Board in place which is working to address long ignored violations.



I agree with this. Did you get paperwork at closing that the association said there were no violations? If the dish was already there, hooked up or not, I think you are covered.

Escaped former treasurer and director of a self managed association.
CathyA3
(Ohio)

Posts:1746


03/21/2021 6:37 AM  
Posted By BillH10 on 03/20/2021 5:18 PM
Ben

There is language in the TREC Condominium Resale Certificate which is word for word identical to that found on the TREC HOA Resale Certificate. The Association must certify there are no known violations regarding the unit or list them if there are.

This could be one of those situations in which previous Boards were not performing their fiduciary responsibilities; there may be a new Board in place which is working to address long ignored violations.




That's also my take on it.

The "other violators being ignored" may well have received their own letters. But unless these folks talk about it - or the new board announces that they would be getting serious about violations - other owners would have no way of knowing that this was happening.
SheilaP1
(Texas)

Posts:16


03/22/2021 8:11 AM  
There is nothing in closing documents showing a previous violation. I have repeatedly asked why it is a problem now vs the past 4 years. I only get a reply from mgmt....."it is outside of your fence" (which it is adjacent to my air conditioner). Much more aesthetically than my one option which is attaching to the soffit. Also can move to inside of fence but not an option as there is no place to put it.
SheilaP1
(Texas)

Posts:16


03/22/2021 8:12 AM  
Frankly I dont think anyone has noticed it. The mgmt company(not the same one as when I moved in) has recently hired people to walk the entire property.
JohnC46
(South Carolina)

Posts:10817


03/22/2021 8:20 AM  
shelia

So you have decided to fight the HOA versus move it?
SheilaP1
(Texas)

Posts:16


03/22/2021 8:33 AM  
NO havent decided anything. I just would like to appeal but need to have my ducks in a row.
JohnT38
(South Carolina)

Posts:544


03/22/2021 8:51 AM  
Posted By SheilaP1 on 03/22/2021 8:33 AM
NO havent decided anything. I just would like to appeal but need to have my ducks in a row.




Have you called DISH and asked them to move it? The provide free installation when you move to another location so they may move the dish free if you explain the situation.
SheilaP1
(Texas)

Posts:16


03/22/2021 8:55 AM  
No not yet.
JohnT38
(South Carolina)

Posts:544


03/22/2021 8:57 AM  
Posted By SheilaP1 on 03/22/2021 8:55 AM
No not yet.




I would not appeal or do anything until you speak with Dish first. You may be worrying about nothing.
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Forums > Homeowner Association > HOA Discussions > Statute of Limitations TX



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