I got mail from manage company ask me remove the dish, said that it's strictly prohibited under the corporation's declration, by-laws and rules and regulations. I think it's only apply if I install dish on unit, if I just put it on ground, it's should be fine, is this right? Any suggestion what I shuld do. Thanks.
2007-06-29 11:53:50 · 7 answers · asked by Daniel Z 1 in Politics & Government ➔ Law & Ethics
I live in Toronto, Ontario, Canada
2007-06-29 12:14:27 · update #1
Read your HOA guidelines. That would be part of the reason that we moved out of a townhouse that we loved...the HOA sucked. But then check with the guidelines that the other people have posted.
2007-06-29 12:03:58 · answer #1 · answered by violamom74 5 · 1⤊ 0⤋
Boy, I thought the FCC specifically stated that you can't be restricted regarding putting up a dish. I'll research that a bit and edit this answer if that's the case. That kind of crap is why I never considered a town home or association.
OK here's some stuff I found, looks like you are within your rights to have a dish (go to FCC.gov to get all the info you need, the townhome folks probably don't know this, so be nice about it & don't create unnecessary enemies. I knew about it because I have ham radio relatives).
From FCC.gov:
As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").
The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.
Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.
On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.
This Information Sheet provides general answers to questions concerning implementation of the rule, but is not a substitute for the actual rule. For further information or a copy of the rule, contact the Federal Communications Commission at 888-CALLFCC (toll free) or (202) 418-7096. The rule is also available via the Internet by going to links to relevant Orders and the rule.
2007-06-29 19:00:03 · answer #2 · answered by Anonymous · 1⤊ 0⤋
My HOA prohibits Dishes on the structure or fencing.
However, if you can put it on a tripod in your back yard or patio, where it's generally not visible to the other tenants, it should be OK. At least it is in our HOA.
2007-06-29 18:58:41 · answer #3 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
Legally, there's not much you can do. By choosing to live there, you bound yourself to the policies of the corporation. Anything that is outside your unit (or clearly visible from the outside) is subject to the policy.
2007-06-29 19:31:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If it is on your ground, or your patio - someplace that you have exclusive use of, then you are allowed to have it.
If you are putting it in a common area, then you cannot.
Call your dish provider - they should be able to help you out.
2007-06-29 19:17:10 · answer #5 · answered by AngelaTC 6 · 0⤊ 0⤋
Do you live in the US? I don't think HOA's have the right to ban consumer antennas. Look at the Federal Communications Commission's (FCC) website:
http://www.fcc.gov/cgb/consumerfacts/consumerdish.html
2007-06-29 19:00:52 · answer #6 · answered by Anonymous · 0⤊ 1⤋
They can prohibit whatever they like. If they say no, you can't have it, even if it's just sitting in your back yard.
2007-06-29 19:05:45 · answer #7 · answered by Anonymous · 0⤊ 1⤋