Is there any way HOA may allow me to put dish on the roof as our condo is place such that it is not able to receive signal any where other than roof top. How can I convince them to do so:
2007-08-23 15:49:06 · 16 answers · asked by jay s 4 in Politics & Government ➔ Law & Ethics
Federal law (through regulations enforced by the Federal Communications Commission) prohiibt homeowners' associations from prohibiting people in the association from putting up their own satellite dishes. The HOA can set reasonable restrictions, but they cannot ban satellite dishes outright, or make the rules so onerous as to prevent you from getting a signal, nomatter what the CC&Rs or HOA rules say. If your HOA is giving you grief, just send them a copy of your letter of complaint to the FCC.
2007-08-23 15:58:16 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Sorry to tell you but the FCC thing would not apply in your case. That is because the roof is considered a "common area". Kind of like say the grass between buildings....... you couldn't just dig it all up and plant a garden.
I used to have a condo which was at the top with two below. The unit behind mine had a fire and it spread up into the attics including mine. When the fireman were running through my house they messed up the walls and the carpets. My insurance paid for the inside stuff as techinically what I "owned" was the walls in. The association's insurance company had to pay for the roof and attic..... as the roof is a "common area".
Now maybe you could get it interpreted to apply to you if you clearly have no other option. You could call somebody (probably the managment company instead of the HOA) for a copy of the actual rules. You could apply for an exception. Or I suppose you could ask the management company if exceptions have been made on other properties the run. I suppose you could speak with a lawyer.
If you got enough people interested you could force a vote but that would be tough. Either way it would be many many months before this is resolved. Plus it could cost a lot of time and money if you really get into it.
2007-08-24 03:59:09 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
The biggest obstacle you face is that the roof is common to all of the units that are below it so if they allow you to install the dish on the roof and it starts to leak, guess whose door they will be knocking on, yep yours.
It doesn't sound like the HOA is saying you can not install the dish they are saying that you can not install it on the roof and I am afraid that you are stuck with that. No help from the F.C.C. on this one.
EDIT: Additional info
Q: If I live in a condominium where the land and the roof are commonly owned, or in an apartment building where the landlord owns the land and the roof, does this rule apply to me?
A: A Further Notice of Proposed Rulemaking has been adopted by the Commission, to obtain comments from interested persons about whether rules should apply in these situations. The Commission will use those comments to reach a decision on this question.
2007-08-23 16:47:00 · answer #3 · answered by justgetitright 7 · 0⤊ 0⤋
Those CCRs were in place when you signed your contract for your place & you signed off on them. The only way you will be able to change HOA covenants and restrictions is get on and activitely participate on the HOA Board and keep bringing up a motion to amend the restrictions to allow satellite dishes on roofs w/i the subdivision. Short of that, nope, no way you'll convince them to make an exception for you. I guess you could take comfort in the fact that you aren't the only one in the subdivision that can't get a signal. Guess you'll have to settle for cable. Now if you look around the subdivision and find just one dish on a roof, that would be an existing violation and if the HOA has not demanded removal of that dish, the restriction becomes no longer enforceable and becomes unenforceable and you then can have a dish on your roof, too.
Later:
Well, one is never too old to learn something. Thanks to arch50c for the FCC info re: satellite dishes. Wish you had supplied a link so that others could also have benefitted. As a courtesy to others, I've provided a link to the FCC website and the Information Sheet re: dishes below.
2007-08-23 16:02:18 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You are living on someone elses property and yes they have the right to control what you do within reason.We do not allow satellite dish on our property regardless of where it is put. Don't fall for the typical renter response of just do it because you can do whatever you want because that simply is not true. Just like owners/managers can mandate behavior,guest,pets and everything else ,they can very well mandate a dish. Yes we do sue people who cause damages and despite what some say...we do win damages plus court cost so you might want to think about wether a dish is worth it. It is also a violation of your lease so you could very well end up being evicted. You need to really consider what is more important ,a dish or a place to live. I am sure that your manager has the same mentality that all managers have , they really are not concerned with wether you stay or move because there is always a waitlist of people needing housing.
2016-04-01 12:00:45 · answer #5 · answered by ? 4 · 0⤊ 0⤋
All of those people telling you that you can't put up the dish are wrong. See the link for information on what you can do and what the HOA CAN'T do. The HOA can not prohibit you from using a dish. You may have to use a pole (a tall pole) but they can not prohibit you from having a satellite dish.
2007-08-23 16:23:25 · answer #6 · answered by Tater1966 3 · 0⤊ 2⤋
Go to a board meeting and describe why you want to put up a dish. Then ask why you aren't allowed to put one up.
Try and compromise for the installation.
If they don't want it visible from other units, try and accommodate that. If it's a hold over from when dishes were 5 feet (or more) across see if the rules can be amended.
The board is made up of owners like you so be nice to them (it's a volunteer job) and see if you can work something out that everyone is happy with.
2007-08-23 15:57:51 · answer #7 · answered by James 3 · 1⤊ 1⤋
I live in a Co-Op and we had a shareholder asking to put a dish on the roof he said he had the right to do it. We denied it. And there is not a thing he can do, other then move.
With a HO you have to live by the rules they set. Or you can move. In some ways they are good others bad.
The way I understand HO is that the more they charge the people in that development them stricter they are.
2007-08-23 16:02:26 · answer #8 · answered by Anonymous · 0⤊ 2⤋
You will proably find you're fighting a losing battle. If cable TV is available to you at your location, you might as well just settle for that. HOA's are notorious for being a pain to beat in situations like this.
2007-08-23 15:55:30 · answer #9 · answered by stever002 3 · 1⤊ 1⤋
do it anyway or have a meeting. HOAs are soo ****** up anyway. i got one where we live and they have rules that are so riducals we are not allowed to have are trash cans infront of our house or have basketballs in the front of the house but that is the only place that has concreate. WE do those things anyway. And they try to tell us that we can not park on the side of the road but we live in the city limits and that is not illegal to park on the side of the road and i have cops who live in our devolpement and they park on the side of the road also. So your options are not do it have a meeting or do it anyway.
our hoa list goes on on on about stupid rules.
2007-08-23 15:57:43 · answer #10 · answered by knowssignlanguage 6 · 0⤊ 2⤋