My HOA is fining me $100 / day b/c of my DISH! HELP!!!

[igator99]

Get a lawyer. The law is on your side. Offer to hide it with a bush etc... Who turned you in?

 

[n4uaj]

Man i couldnt live in a place with such restrictions..glad to have my little acre out in the country where I tend to my bizness and expect others to tend to theirs and answer only to county zoning laws that dont care how i get my tv and glad i got my ham antennas up to help in emergencies...but guys please read whatcha sign that seems to be the kicker here

 

[igator99]

Damaged: That is exactly what I thought. Thanks!

Amrit50: don't get caught up in all these other HOA haters and the "you can do anything you want all the time" rhetoric. All that will do is cause you MORE problems down the road and those guys will not be there to help you. 99% of all HOAs are good and do the right thing; the remaining 1% generally just do not know the rules as most are simple home owners just like you me; and yes, there are a few that are just plain asses. But all we need to do is weed THOSE out, not damn ALL HOAs.

I bet if he offers to plant a bush to cover it there will not be problem. My wife is a lawyer and she loves her D*. Whatever "A" hole reported you try to work with the guy within reason. One of my neighbors is HOA rep and he gave me a little grief but has not reported it. I plan this easter to cover things up a bit with some bushes. If that doesn't make him happy he can talk to my lawyer.

 

[lou_do]

No lawyers are needed or getting the BBB or anyone else involved. He just needs to make sure, as charper1 stated above, that HE is in 100% compliant with the covenants and if he is and the HOA is ignoring the installers letters. Then, contact the FCC, at the phone number in my above posting. The FCC wants to know of cases like this where landlords or HOAs are enforcing illegal regulations or covenants, that is why they added that information to their web page. You just need to make sure you are in compliant before you contact them.

 

[lou_do]

Man i couldnt live in a place with such restrictions..glad to have my little acre out in the country where I tend to my bizness and expect others to tend to theirs and answer only to county zoning laws that dont care how i get my tv and glad i got my ham antennas up to help in emergencies...but guys please read whatcha sign that seems to be the kicker here

I used to feel that way also, I had no use for communities with HOAs. Then the house next door to be was bought by a couple of dirtbags. The had animals in the back yard and it was like a zoo, windows got broken and instead of fixing them they put a board over it. The place was a dump in 6 months, and we couldn't even go out in our back yard during the warm summer days because of the smell from next door. When I went to sell the house I had a hard time because no one wanted to buy it with the condition of the place next door. I had to take a loss on the house just to get rid of it. Since then I have lived in HOA communities, yes there are rules that I don't like and as I said before I am even on the ARC committee, but at least with a deed restricted community requiring people to comply with covenants it keeps the property values up.

By being on the committee, I was able to educate the others on the FCC ruling and it has now been corrected and we don't have any problems with installing them.

 

[bonscott87]

I guess there are good and bad with HOA's. I know I don't need the stress of an HOA and I will not let anybody tell me that I can't have a satellite dish or OTA antenna and god forbid I have a camper/RV and might actually want it on my property.

Maybe I'm spoiled in that I live in a good neighborhood that isn't a dump with good neighbors for the most part. City ordinance takes care of things like people not mowing their lawns or parking junk cars and such. And the city does enforce such things. So I guess it's all about where you live.

 

[jpn]

Boy, does your story sound familiar. We had that same sort of rule in our community, put their by the builders. I advised the ARC committee of which I am a member of, that we had to change that covenant, regarding satellite dishes and antennas. They wanted to know why, and I advised them it was against the law. So they asked our attorney to look at it and he advised the way it was written it truly was against the law. So we re-wrote the covenant to comply with the FCC law it now reads:

Section 26. Antennae, Aerials and Satellite Dishes.​

The Federal Communications Commission has published rules which govern the right of homeowners to receive programming from direct broadcast satellites (DBS), multi-channel, multipoint distribution (wireless cable) service (MMDS) and television broadcast stations (TVBS). The Association is prohibited from the following:
(1) Restrictions that impair the installation, maintenance or use of antennae to receive video programming as well as satellite dishes which are less than thirty-nine (39) inches in diameter.
(2) Restrictions that unreasonably delay or prevent, or unreasonably increase the cost of, the installation, maintenance or use of such antennae, or which preclude the reception of an acceptable quality signal.​

The Association does have the right to regulate the above-described telecommunications equipment with respect to landscaping and safety. When possible, all exterior antennae or aerials shall be placed in the rear or side yard, in such a manner as to be as unobtrusive as possible. Any matter of safety will be handled on a case by case basis by the Association.​

Any homeowner who wishes to install an antenna or a satellite dish should submit a sketch showing its location relative to the home to the Architectural Control Review Committee.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Print a copy of this and take it to the Association's attorney and have him check your covenants to make sure they comply with it: http://www.fcc.gov/mb/facts/otard.html​

Better yet: if you know an attorney, or have a friend who can recommend one, have that attorney write a letter for presentation to the president of the HOA, the attorney of the HOA, and anyone else prominent in the situation. If it costs you $200 or so for an attorney to write a letter, it's probably worth it. If you contact the HOA attorney on your own, you can inadvertently muddy the waters when a pro knows how to tactfully handle it.

For your part, if you can place plants etc to 'hide' the dish from view, do it as a goodwill gesture.

Remember: legally you should be in the clear, but you also have to live near these people and it won't be pleasant if you piss them off. Be nice.

 

[lou_do]

Originally Posted by lou_do

Print a copy of this and take it to the Association's attorney and have him check your covenants to make sure they comply with it: http://www.fcc.gov/mb/facts/otard.html.​

​

If you contact the HOA attorney on your own, you can inadvertently muddy the waters when a pro knows how to tactfully handle it.

Sorry, I should have worded that better in my original statement. Do not take the ordanance yourself to the attorney for your HOA. Go to a board or annual meeting and request it be reviewed by the attorney, to see if it is illegal. I am sure that the attorney will only deal with the board directly. But I am sure if you contact the FCC they will investigate it.

 

[igator99]

I guess there are good and bad with HOA's. I know I don't need the stress of an HOA and I will not let anybody tell me that I can't have a satellite dish or OTA antenna and god forbid I have a camper/RV and might actually want it on my property.

Maybe I'm spoiled in that I live in a good neighborhood that isn't a dump with good neighbors for the most part. City ordinance takes care of things like people not mowing their lawns or parking junk cars and such. And the city does enforce such things. So I guess it's all about where you live.

Believe it or not but some HOA's here in NOLA came down hard on those that were letting relatives live in campers on their yard. Some are "A" holes to be for sure but before declaring war try to work with them.

 

[psnarula]

I bet if he offers to plant a bush to cover it there will not be problem.

did you read the lengthy email exchange linked in the first post? they want him to plant 7 feet tall shrubs (which he cannot find for purchase anywhere).

 

[bonscott87]

Believe it or not but some HOA's here in NOLA came down hard on those that were letting relatives live in campers on their yard. Some are "A" holes to be for sure but before declaring war try to work with them.

That's pretty funny. Living in the camper in the backyard. And in an HOA no less where it's obviously not allowed. I'd come down hard against them as well.

It's against the law in my city thankfully. If that was happening next door I could call the city about it.

 

[igator99]

That's pretty funny. Living in the camper in the backyard. And in an HOA no less where it's obviously not allowed. I'd come down hard against them as well.

It's against the law in my city thankfully. If that was happening next door I could call the city about it.

Perhaps you didn't understand that this was right after Katrina. Many families lived in campers on a relatives lot for several months after the storm. They are all gone now. A few HOA's forced the campers to move a week after the storm.

 

[mikew]

After reading through the lengthy e-mails, I truly have no sympathy for you. The process started in October. You should've had DirecTV provide a letterhead signed response saying it couldn't be moved or had the dish moved. You appeared to be jerking the HOA's chain for several months. They appeared to give you viable options but you simply fought them all the way.

 

[voyagerbob]

The Association is prohibited from the following:
(1) Restrictions that impair the installation, maintenance or use of antennae to receive video programming as well as satellite dishes which are less than thirty-nine (39) inches in diameter.
(2) Restrictions that unreasonably delay or prevent, or unreasonably increase the cost of, the installation, maintenance or use of such antennae, or which preclude the reception of an acceptable quality signal.

First thing I would say is that their requirement to get permission on where to place this dish is an unreasonable delay. When I move in to a house the first thing my famiily is going to want is to watch TV. So day one I'm going to install the dish.

The second thing is I can install the dish for free and if they require it to be in a certain place I may have to pay for an install so that is a infinite percentage increase that I'm not going to do.

One thing I would do for spite/fun in this instance is put in a request for the largest antenna allowed by the OTARD (which I belive is 12 feet above your roofline) rules. I might also stick in something about needing it due to not having a dish any longer because of them.

My former HOA had a "no dish" clause at all. They of course couldn't and didn't try to enforce the rule. But later they came out with a new amendment that you couldn't have an outdoor antenna at all and that they were going to enforce it. I wrote back along with several others that this was against the FCC rules. They stuck to it anyway. No one took down their antenna and in a show of support I put one up. They sent out fine notices to all that had one. We sent the info to the FCC and they contacted the HOA. Five days later there was another amendment to the rules changing the antenna rules.

Once the rules were changed to allow antennas I took mine down.

 

[damaged]

I really hope they (the OP and his brother) keep us updated.

 

[bonscott87]

Perhaps you didn't understand that this was right after Katrina. Many families lived in campers on a relatives lot for several months after the storm. They are all gone now. A few HOA's forced the campers to move a week after the storm.

Nobody mentioned anything about it being after Katrina. Your initial post had me thinking it was some posh suburb of LA or something and some people had relatives living in campers. NOLA looks like "Northern LA", as in Los Angeles, to me.

Obviously living is campers is most acceptable after a disaster like that (or if your homeless).

 

[meStevo]

So what was so hard about getting a signed note on letterhead in November?

 

[damaged]

Nobody mentioned anything about it being after Katrina. Your initial post had me thinking it was some posh suburb of LA or something and some people had relatives living in campers. NOLA looks like "Northern LA", as in Los Angeles, to me.

Obviously living is campers is most acceptable after a disaster like that (or if your homeless).

Removed my post that was posted on the assumption that you thought the situation that Katrina caused some people was funny, now I see it was a miscommunication, apologies.

 

[igator99]

Nobody mentioned anything about it being after Katrina. Your initial post had me thinking it was some posh suburb of LA or something and some people had relatives living in campers. NOLA looks like "Northern LA", as in Los Angeles, to me.

Obviously living is campers is most acceptable after a disaster like that (or if your homeless).

I figured you didn't understand it was in New Orleans after Katrina. I was a lucky one that didn't have any real damage. I was shocked that HOA's in some subdivisions were forcing peoples relatives off their lot so soon after the storm. I could see them doing it now but not right after the worst disaster in national history and people just need some time to get their insurance checks and get their life in order. I find most HOA's to be reasonable but some are real jerks.

 

[lou_do]

Perhaps you didn't understand that this was right after Katrina. Many families lived in campers on a relatives lot for several months after the storm. They are all gone now. A few HOA's forced the campers to move a week after the storm.

Kind of mean thing to do. Under our covenants we don't allow them under normal conditions but have a section that allows the BOD to change that under emergency conditions.