Can I legally have a satellite dish on my condo roof?

Question

My condo board refuses to allow unit owners from having a satellite dish on our roofs. I was recently told that this is in direct violation of an FCC ruling. Is this the case?

Answer 1

Sounds like it is in direct violation. Here's the ruling: http://www.fcc.gov/mb/facts/otard.html

Edit: Actually, if you don't have "exclusive use"of the roof over your condo, then you are out of luck.

Answer 2

You cannot force them to allow you to use the roof.

The FCC ruling provides protection if you are placing the antenna totally within the confines of a balcony or porch that is part of your unit. It does NOT protect you if you want to mount the antenna on the roof or the exterior wall of the building.

One big question is how far you want to go in fighting the association. Chances are they would not agree to a compromise of you putting your dish on the side of the building or the roof, but you can ask. All of these are outside your unit and anything outside your unit is under the control of the association.

This is like fighting with your neighbors. Both sides always loose such a fight. If I were you, I would ask the FCC about your rights. Getting this information from them in writing would help.

Then go to the board and ask them to reconsider. I suggest an attitude that indicates that you are really asking them, not telling them to change.

Hopefully, it will be easier for them to change if they can do it without loosing face. If that doesn't work, you may benefit from having a lawyer interceed. The FCC MIGHT help, but I doubt it. Again, you do not have a right to use the roof.

Another idea: how about asking the satellite company for support? That is Direct TV or Dish Network, etc. not the local installer. You might start with the local company, if there is one, but I would expect them to be totally worthless in this discussion.

P.S. the rulings from the FCC have changed over the years. This is based on the most current ones that I found.

Answer 3

It's more likely the rule of the housing title agreement. Where more than 1 unit is built in a block like flats condos or units the roof is a joint ownership by all parties . If you place anything on the roof then all parties must give written consent. I doubt the FCC have anything to do with it at all. There are dishes on many roofs so that story doesn't gell!

Answer 4

It may be interesting to approach other condo owners and see if there is majority interest in installing a dish for the entire building. Condo law is still basically democratic ....if the majority of owners would be interested in subscribing, and the hardware required on the roof isn't in violation of any muiciple bylaw...there may be a chance of having a communal dish installed
Good luck

Answer 5

It may differ from state to state but here in CA there is a law that provides installation of satellite dishes to housing (condos/townhouse/apartments) cannot be prohibited though it can be restricted like which side of the building/unit it's on.

Answer 6

It used to be nobody could prevent you from getting reception. That was quite a few years ago, It has probably changed by now. (That was an FCC law.) Call the local Dish companies and see how they are getting around your problem. I'm sure they would know.

Answer 7

I'm afraid not. Howeowners associations are legally able to establish restrictions on what may be attached to exteriors of buildings, as well as landscaping requirements, parking, and a host of other things.

You may just be stuck. My son got around that by using a portable stand for his dish which he placed on his second-floor patio deck. He was lucky enough to have the correct exposure.

Answer 8

Can I have a satellite dish placed on common grounds if it is hidden behind shrubs etc?