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Subject: satellite dishes exempted from C&R's?
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Author Messages
BarbaraN1
(Florida)

Posts:4


04/08/2009 1:27 PM  
Where is it written that satellite dishes (for TV) allowed even though the C&R's say they are not? I "know" this, but I can't find it in statutes. Thx
JohnB7
(South Carolina)

Posts:176


04/08/2009 1:29 PM  
http://www.fcc.gov/telecom.html
MaryA1


Posts:0


04/08/2009 1:36 PM  
Barbara,

The following link will get you a copy of the Information Sheet from the FCC explaining in detail the rule pertaining to "over-the-air reception Devices". It will answer all the questions you might have. The link Joseph provided will give you a copy of the Telecommunications Act of 1996.

www.fcc.gov/mb/fact/otard.html
DonnaS
(Tennessee)

Posts:5671


04/08/2009 1:45 PM  

Barbara,
It's not in the Statutes but Mary has posted the link to the FCC regulations. The HOA cannot ban them from being used. Federal regulations are the heirarchy over any HOA covenants.
BarbaraN1
(Florida)

Posts:4


04/08/2009 3:08 PM  
Thank you! I found what I needed. Barbara
ThomasD2
(California)

Posts:208


04/08/2009 9:11 PM  
In our HOA you cannot install a satellite dish by drilling into the roof. It is seen as a violation of the provision disallowing "any alteration or modification to the exterior portion of the building." The first couple of people who got dishes put them on tripods. Now people just install them by drilling into the wall. Everyone ignores this and just looks the other way. Nothing unusual there, but as usual I am sure this is going to come back to haunt us...
MicheleD
(Kentucky)

Posts:4491


04/08/2009 9:32 PM  
Thomas, from what I understand of the FCC deal, it doesn't matter where your docs say you can or can't install items.

If that is where the installer says the "best" reception is, then, even if your docs say "no alterations to exterior" they are S.O.L.

Our documents say they can't be installed in the front area of the home.

Guess what? We can't enforce that when it comes to the satellite dishes.

BonnieE
(Illinois)

Posts:338


04/09/2009 5:55 AM  
Hi-

Just for clarification with regard to the installation of “over the air reception devices” at townhomes/condos in which the HO does not own the exterior walls, roof, planting beds, etc.: It is my understanding that the dish may be installed in/on the limited or exclusive use common elements. The BOD may create/enforce rules with regard to how and where, but cannot deny. As for the Common elements, the rule does not apply and the BOD can prohibit a dish being installed in/on the common elements – for example, on the roof or on an exterior wall.

In our situation, we require an approval via application for installation of such devices. Our preference is that they be installed in a rear planting bed or near the roof line in back. We accommodate our HOs when these locations will not provide a signal, even though they are in the common areas. We also require the lines be hidden. Our rules were reviewed by our attorney before being finalized.

Please see/portions taken from:

http://www.fcc.gov/mb/facts/otard.html#QA

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.

Q: If I live in a condominium, cooperative, or other type of residence where certain areas have been designated as "common," do these rules apply to me?

A: The rules apply to residents of these types of buildings, but the rules do not permit you to install an antenna on a common area, such as a walkway, hallway, community garden, exterior wall or the roof. However, you may install the antenna wholly within a balcony, deck, patio, or other area where you have exclusive use.

Drilling through an exterior wall, e.g. to run the cable from the patio into the unit, is generally not within the protection of the rule because the exterior wall is generally a common element. You may wish to check with your retailer or installer for advice on how to install the antenna without drilling a hole. Alternatively, your landlord or association may grant permission for you to drill such a hole. The Commission's rules generally do not cover installations if you drill through a common element.

Q: I live in a condominium with a balcony, but I cannot receive a signal from the satellite because my balcony faces north. Can I use the roof?

A: No. The roof of a condominium is generally a common area, not an area reserved for an individual's exclusive use. If the roof is a common area, you may not use it unless the condominium association gives you permission. The condominium is not obligated to provide a place for you to install an antenna if you do not have an exclusive use area.

Bonnie
MaryA1


Posts:0


04/09/2009 8:58 AM  
Michele,

I believe Thomas might live in a condo, in which case the FCC rules are different. If the roof is a common element the assn may prohibit the installation of a satellite dish and still be in compliance with the FCC rule. But, in a planned community, the assn can only "suggest" a particular location, but if that location does not permit the best reception the h/o can mount it anywhere.
ThomasD2
(California)

Posts:208


04/09/2009 7:26 PM  
Posted By MaryA1 on 04/09/2009 8:58 AM
Michele,

I believe Thomas might live in a condo, in which case the FCC rules are different. If the roof is a common element the assn may prohibit the installation of a satellite dish and still be in compliance with the FCC rule. But, in a planned community, the assn can only "suggest" a particular location, but if that location does not permit the best reception the h/o can mount it anywhere.




Yes, I live in a Los Angeles condominium HOA. I was completely unaware of these FCC rules. Thanks for all the information. I just assumed that even if someone had a right to a satellite dish, it did not mean they could alter the exterior of the building (drilling into it) to install a dish. It seems like a tricky point. The first few people to get a dish did try to install it without drilling into the wall. Newer installations have not bothered with this and just drill. (These are townhouses each with its own roof deck, which is explicitly common property ..... sort of !)
MaryA1


Posts:0


04/10/2009 7:30 AM  
Thomas,

It would certainly be worth the effort to visit the website I suggested to Barbara. The FCC fact sheet contains a comprehensive q&a about the ruling so is very informative. You may want to give a copy to your board.
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