Can an apartment complex make you take down your satelite dish after allowing it under previous mgmt?

Question

I have Direct TV and the new mgmt at my apt complex wants to make me take it down because it is against its new policy. I have a contract with my satelite company and cant break it. Is it legal for them to do this?

Answer 1

it might be since they own the property, plus its an eye sore to be honest

Answer 2

Alot of previous posters are confusing the lease with policies. Yes some might have something on the lease about the satelite dish. However, a policy is not subject to the lease. ie a complex rule that you can't have bicycles in the stairwell. Its not stated on the lease.

policies and rules can change without nullifying the lease.


The owner or new owners have the right to change any rules/policy they see fit at anytime. So if the new mgmt doesn't want satelite dishes, you have no choice but to take it down. Just because you have a contract with a satelite company doesn't mean the apt owners have to let you mount the dish.

Bottom line, yes it is entirely legal.

Answer 3

if you go to FCC.com, it will tell you that you cannot be told that you cannot have satelite tv. However, the landlord can forbid the dishes to be attached to the building. You may have it on a patio or porch that you alone use or it may be on a pole in the yard. It is AGAINST THE LAW in ANY state for them to forbid you to have it though. They must allow it.

Even if your lease states that they will not allow satelite dishes on the property, in reality, that is against the law. If your complex takes you to court over this they will lose big time and will be fined. Check with other tenants and see if you can band together in the case he takes this to court. You ALL will win. And if the dish company did not get written permission (on your contract) from the landlord to attach a dish to the building, they cannot charge you for relocating them.

Answer 4

Kimmamarie is exactly right. Satelite dishes are consumer rights protected by the FCC. The management company cannot force you to take down a satelite dish that is installed on your own exclusive property (Patio, porch ect.) Call the FCC and file your complaint if the management company is violating your right to recieve satelite tv. I've done it myself and now have a lawsuit against the management company pending because they decided to steal my dish when I was sleeping. They even admitted to taking it down!

Answer 5

Some apartment complexes DO allow them, but you have to pay a damage deposit. You'll also be charged up the behind for installation if you're on the "wrong" side of the building, because the dishes all have to be facing a certain direction, even if that means running wires from the far side of the building.

Answer 6

if allowing the dish was added to your lease then your good. otherwise it has to come down if thats what they want.

try a compromise. if you contract is only 4 or 5 months then ask them if you can keep it up till your contract is up. if they say no then direct tv should have a buy out provision where for a fee you can term the contract.

good chance the new mgt may be entering into an exclusive deal with the local cable co. or a dish carrier.

Answer 7

If you signed a contract with the old management company and it hasn't expired yet, I believe that the new company has to honor it until the end of your lease. If there's nothing in there about satellite dishes, you might be out of luck.

Answer 8

Generally, no, if it is in the part of the building that you rent (including a private balcony). Generally yes, if it is in a common area or extends beyond the part that you rent (for example, beyond the railing of the balcony).

For the remainder of this answer, in accordance with FCC practice, the word "antenna" is used to refer both to dishes and to conventional, pointy antennas.

The federal regulation 47CFR1.4000(a)(1) (http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr1.4000.pdf) specifies that "[a]ny restriction, including but not limited to ... any private covenant, contract provision, lease provision, homeowners' association rule or similar restriction, on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property that impairs the installation, maintenance, or use of:(i) An antenna that is:
(A) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and
(B) One meter or less in diameter or is located in Alaska;
...
is prohibited to the extent it so impairs, subject to paragraph (b) of this section."

There are some exceptions. However, in any dispute, 47CFR1.4000(g) (http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr1.4000.pdf) specifies that the burden of proof is on the party that seeks to have the antenna removed, not on the party that seeks to operate the antenna.

Additionally, the federal regulation 47CFR1.4000(a)(4) (http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr1.4000.pdf) specifies that if you file a petition pursuant to 47CFR1.4000(e) (http://a257.g.akamaitech.net/7/257/2422/13nov20061500/edocket.access.gpo.gov/cfr_2006/octqtr/pdf/47cfr1.4000.pdf) of whether the apartment management company's policy valid, they "must suspend all enforcement efforts pending completion of review. No attorney's fees shall be collected or assessed and no fine or other penalties shall accrue against an antenna user while a proceeding is pending to determine the validity of any restriction. If a ruling is issued adverse to a user, the user shall be granted at least a 21-day grace period in which to comply with the adverse ruling; and neither a fine nor a penalty may be collected from the user if the user complies with the adverse ruling during this grace period, unless the proponent of the restriction demonstrates, in the same proceeding which resulted in the adverse ruling, that the user's claim in the proceeding was frivolous." In other words, not only do you get to keep using the antenna while the petition is pending, you get to keep it up for up to three weeks after the case is resolved, if you lose (and forever, if you win), unless your petition is frivolous. Note that this part applies only if the antenna was somewhere that the regulation applies and you lost for some other reason. (If the antenna was in a common area, or extends beyond the part that you rent (for example, beyond the railing of the balcony), you do not get the 21 days.)

Supposedly, if you "[c]all the Federal Communications Commission at (888) CALLFCC (888-225-5322), which is a toll-free number, or 202-418-7096, which is not toll-free" they may be able to resolve things without a formal petition.

If calling does not work or you want to file a petition, you must comply with 47CFR.4000(h), which requires that "[a]ll allegations of fact contained in petitions must be supported by affidavit of a person or persons with actual knowledge thereof. An original and two copies of all petitions and pleadings should be addressed to the Secretary..."

Secretary, Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attention: Media Bureau

Additionally, you must send a copy to the party imposing the restriction (policy) that you wish to challenge (the new apartment management company). You must include a "proof of service" with your petition. Generally, the "proof of service" is a statement indicating that on the same day that your petition was sent to the Commission, you provided a copy of your petition (and any attachments) to the person or entity that is seeking to enforce the antenna restriction. The proof of service should give the name and address of the parties served, the date served, and the method of service used (e.g., regular mail, personal service, certified mail).

Some exceptions are:

1. If the antenna is unsafe.

2. If the ban on antennas is needed to preserve a historic building.

3. If they install a central antenna and you can receive the same service through the central antenna as through the individual antenna, without any increase in cost, and they agree to pay whatever your antenna is worth, then they can make you use the central antenna and take down the individual antenna. However, since you will still be getting (and paying DIRECTV for) DIRECTV service, you will not be breaking the contract with DIRECTV.

4. If the antenna is over 1 meter in diameter and is not in Alaska.

5. If they have obtained a waiver from the FCC.

Answer 9

I have to deal with this problem on a weekly basis. Many of the charlatan dish companies will come to you and say it is your right to receive the satellite signal and then you sign their contracts. Not True. Yes, the FCC does guarantee your right to receive a satellite signal but not to the detriment of others, including your building owner or homeowners association. This can be a very grey matter. Depends on your geographic location as well. If your apartment faces south and you can obtain a signal from your patio or balcony, they can require you to move it there and use a tri-pod or pole in a bucket of cement. If your apartment faces north, then they have to provide you with reasonable alternatives so you can get your signal. This is where it gets sticky. The law says that they have the right to protect their property from damages ( holes in the roof can causes leaks etc ) but they can not require you to spend thousands of dollars to locate your dish in a place acceptable to them. Many new apartment and condo communities are installing a "master dish" that each resident can tap into to get their signals. This is a new thing though so I am sure this is not an option for you. You need to have a sit down with your landlord and find out where they want you to put the dish. They have to let you have it but they also can tell you where you can and can not install it. You might need to call the dish company and have their technician relocate the dish to a suitable location on or around your building once your landlord provides you with suitable installation points. Any old agreements you had with the previous management went out the door when the new ones took over. The new owners or management do not have to honor a contract that the previous managers signed, this would be especially true if the agreement was not in good faith. Perhaps this management firm was dismissed by the owners because of this sort of activity. They were not protecting the interest of the owners if they allowed dishes to be installed in places that could harm others or the property. One issue that you may run into here is the snaking of the coaxial cable lines on the building. I can tell you that management can tell you that the line must be secured and painted so as to be as inconspicuous as possible. This can be expensive and it is your burden. You will also have to remove the dish and restore the building to its original state when you leave ( I.E. fill in holes, paint over faded paint areas ect.. ).

Have a sit down with your property manager. If they are experienced, they will know that they can not prevent you from having a dish. Then call the satellite company that you purchased the contract from and try to get them to move the dish for you. These satellite companies know that this battle is fought on a daily basis and they know where management companies want the dish to be installed. Here in Las Vegas, dishes are prevalent because of our large immigrate population. Dishes are often the only way you can get programming from their homeland. You have to allow it ( as much as I don't like it ) but I have found that when I sit with residents that want a dish and explain our position to them, they are reasonable and vice versa. We deal with this on a case by case basis at our management company. We also usually bring the satellite dish company into the conversation so they can shed light on the potential for signal strength and locations. As someone else mentioned, they may be entering into an exclusive contract with a local cable provider but this does not prevent you from having a dish anyways. I know a small apartment building owner who did just that in an effort to prevent tenants from sticking dishes on the roof but to no avail. She had to allow the dishs, even though she provided cable as a part of the rental agreement so don't let them try to use that as an excuse. There are channels that can not be obtained from cable providers and that is the caveat.

This is going to cost you money either way. I know this is not the answer you are seeking but this is the truth of the matter. The sticky point I mentioned above is the "reasonable alternative" passage in the law. This is left to interpretation by judges. One judge may say it is reasonalbe for you to have to pay an extra $500.00 to put the dish in a safe location that will not harm the integrity of the building. Another judge may not. This is where it can get nasty. The management firm can not require you to seek their approval prior to installation but once it is up, they can make you move it. Seems counter-productive but that is how the law was written. It would be better if residents had to first seek approval from their landlord or management firm so that the acceptable location factor could be determined before hand and you knew what you were getting into in the way of "extra installation charges". Be it as it may, I suggest talking to them. Don't be confrontational and demand your right to get the signal as this will only cause all those involved to dig in for the battle.

Management can remove the dish if they want and there is little you can do about it. This is especially true if the dish is out in the common area. In Nevada, you abandon your claim to personal property if you leave it out in the common area. They have to follow the abandoned property laws for your state so if they take it, file a claim for it immedialty or they may be able to dispose of it after a period of time. If the dish is currently within your exclusive use area ( usually a patio or balcony ) then they should not remove it. They can however tell you to move it if it is poking holes into the building or damaging a railing ect... They also can exersice a health safety and welfare claim and state that the dish is posing a safety threat if it were to fall on someone or a part of it could fall off in a wind storm. As you can see, there are many loopholes in the law and I can assure you, management companies retain expensive lawers to find and use these loopholes.

Hope this helps

Answer 10

yes and unless you have a signed document from the old management its probably not worth fighting. If you do the best you can hope for is moving it to a different location.

Answer 11

It seems they are saying that the contract you signed with the previous management is not valid for them. If it isn't for them then it isn't for you.....move out! They sound like jerks.