Our 120 unit condo association made a rule against having satellite dishes. In the rules it says "if you'd like cable programming you can contact Charter Communications". This company is the only cable provider in the area. Aside from that it's either DishNetwork, or DirectTV (both of which require dishes).
Charter is already taking heat in the area for maintaining a monopoly on the cable tv market.
Can our condo association legally maintain this rule?
2006-12-11 02:26:55 · 6 answers · asked by Aaron A 3 in Business & Finance ➔ Renting & Real Estate
Just found a page on the FCC website stating that it is ILLEGAL to place restrictions that impair ability to install and receive video transmissions.
Thanks for all the input.
http://www.fcc.gov/mb/facts/otard.html#QA
2006-12-11 02:51:31 · update #1
Yes they can, because in all the paperwork you signed when you bought the condo you signed a little peice of paper that doesn't alow you to change the look of your condo on the outside. And since th dish has to go outside, that would violate the agreement you already signed. You also signed a piece of paper that said you would abide by the rules set forth by the condo association. Unfortunately you don't have a leg to stand on....because it is a dick move to limit your options on anything, but you agreed to it in advance.
2006-12-11 02:35:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In reading that page you linked to, it's clear that you can only use one if you have your own "exclusive" area on which to attach the dish, like your own balcony. No balcony/patio for your own personal unit could mean that the rule can stand.
That language is very typical in many associations, because having dozens of dishes all over really does look ugly.
I'm quite surprised the FCC went as far as they did in their laws here to supercede condo associations.
And all cable companies have monopolies in their areas. They pay licensing fees to the cities for that privilege. So if anyone doesn't like that part, sue your city for allowing it.
Fighting your assocation can cause you numerous headaches. Fight them on this, next thing you know every time you sneeze after 10 pm you'll get noise violations. So unless you just really need your NFL network, sometimes it's better to just let it go.
2006-12-11 07:02:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I believe they can. I don't know NY laws, but it would be fairly common for a condo association or even a home owners association (stand alone houses in a neighborhood development) to restrict satelite dishes, at least from sight. I am president of a small (50) homeowners association in FL. We don't restrict totally, but require the Board's permission and they must be on back of house.
2006-12-11 02:38:14 · answer #3 · answered by Ovrtaxed 4 · 0⤊ 0⤋
Unless your CC&R's prohibt the installation of outside receivers I don't believe this is legal. However, the CC&R's may prohibit the installation of antenae and they may be interpreting this clause to include dishes.
I believe that any such interpretation must be approved by a quorom of owners.
Bring up the issue at the next association meeting.
2006-12-11 02:38:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That rule is unconstitutional and you can have a satellite dish if you want to. Your association cannot maintain this rule. There have been many cases on this point.
2006-12-11 02:36:58 · answer #5 · answered by toaster4 4 · 0⤊ 0⤋
they can restrict what you do to the outside of the building. If it's such a good service then ask if they have looked into a common dish for the building. go to the meeting.
2006-12-11 02:36:48 · answer #6 · answered by zocko 5 · 0⤊ 0⤋