Forced satellite removal by landlord

[Straybeat]

Hi All,

My mother-in-law lives in an apartment building that was just acquired by a new leasing company. They sent around a notice to all the tenants saying that they have until June 26th to remove their dishes or the landlord is taking them down themselves, possibly costing the tenant money (that's not clear yet). They haven't made any mention of setting up a dish farm or anything, just that the dishes have to go. I thought because of the SHVA that the landlord was required to at least set up a common area if they didn't like everyone having them on their patio or whatever?

The landlord's exact notice is:

"Effective June 26th, 2012 all satellite dishes that have not been removed from the common areas, patio rails or roofs will be taken down starting on June 26th. We apologize for any inconvenience.
Thank you for your cooperation,
Management"

That's it, no mention of any other options? It does not sound legal to me? No mention of contracts or anything?

If any of you legal/ knowledgeable types wish to call and prod them in the right direction they are;

Northstar Management and Consulting
2135 E. Grant Road
Tucson, AZ. 85719
(520) 885-8590

A lot of the residents are seriously freaking out and didn't know where to turn, so I said I would post this for any help you guys can offer.

Thanks,
Mark

 

[LER]

Search Google: FCC OTARD, Feeling Lucky:
Over-the-Air Reception Devices Rule | FCC.gov

 

[gpflepsen]

Key part is "... removed from the common areas". If her dish is not in the common area then they cannot dictate removal.

 

[Tampa8]

Or to turn that around, their notice is right on the money. They do not have to allow them in the common areas and If I owned the building as big a fan of satellite I am, I would not allow it either. Legal problems would be too possible. If they allow satellite dishes, "why can't I have something in the common area, I'd like to park my motorcycle in the overhang right next to someone's satellite dish...... Or if it does damage from mounting it, or whatever who is responsible?

 

[Scott Greczkowski]

As far as I can see what the landlord did was legal.

If she has her own private area such as a porch then she could put the dish in a bucket as link as it does not overhang the porch railing.

 

[ben-]

Or to turn that around, their notice is right on the money. They do not have to allow them in the common areas and If I owned the building as big a fan of satellite I am, I would not allow it either.

That FCC link that was posted at the top of the thread says the APT complex cant do this. Maybe the roof, but not the peoples porch's or balconies. My landlord was a big union man in the city(local cable co is a union shop), when I signed up with dish he and I got into a little bit about the dish getting installed. Glad to see some supporting documentation if he ever gets moody about it again.

 

[gpflepsen]

Can you mount the dish off the railing on a non-marring bracket (doing no damage) even though it would be 10' or more above a common area?

 

[Straybeat]

Thanks for that LER! I sent an email to the landlord with the text of the law and made the relative parts bold.

Fortunately my name and email is in no way connected to my relatives who live there. Now to wait and see what happens?

To answer the rest of you, her dish is on her balcony, clipped to the railing, as were most others. She said a bunch of them were on the roof, for the people living on the north side of the buildings, and the landlord already went through and just took them down. The people were all charged renters insurance too, which I thought I read was against OTARD? I'm hoping there are a bunch of savvy renters who raise hell though. I know I would be!

.

 

[LER]

My pleasure Straybeat. The OTARD rule is one of the reasons I am on my HOA's board.

Good luck, and please tell us what the final outcome is.

 

[dan188]

What locations does the law cover??

 

[LER]

What locations does the law cover??

Everywhere in the United States. It overrides ALL other laws, restrictions, etc.

 

[Straybeat]

What locations does the law cover??

The link is above. It's a pretty easy read, only a few paragraphs.

Here's a piece of the Q&A from the law that might answer your question;

Q: What restrictions prevent a viewer from receiving an acceptable quality signal? Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?

A: Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed in a particular location on a house such as the side or the rear, might be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.
For DBS antennas, and digital fixed wireless antennas or other digital antennas to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.

 

[Teehar]

Boy that would suck.To be living there with sat dish installed then new owner comes along and says no way sorry about your luck.Best of luck to your mother in law and the other tenants.

 

[FireFighterHill]

Q: If I live in a condominium or an apartment building, does this rule apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.


Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?
A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.


Q: I live in a condominium with a balcony, but I cannot receive a signal from the satellite because my balcony faces north. Can I use the roof?
A: No. The roof of a condominium is generally a common area, not an area reserved for an individual's exclusive use. If the roof is a common area, you may not use it unless the condominium association gives you permission. The condominium is not obligated to provide a place for you to install an antenna if you do not have an exclusive use area.


Q: Who do I call if my town, community association or landlord is enforcing an invalid restriction?
A: Call the Federal Communications Commission at 1-888-CALL FCC (1-888-225-5322), which is a toll-free number, or 202-418-2120. Some assistance may also be available from the direct broadcast satellite company, broadband radio service provider, television broadcast station, or fixed wireless company whose service is desired.

 

[johnissoevil]

When I moved in here, one of the things my landlord told me was that having a satellite dish was allowed, she even went as far as telling me that it was the best option if I wanted to save money compared to cable off the poles. Sucks that they're making you remove your dish.

 

[Straybeat]

Yeah, these new owners are trying everything to bully the tenants and prove they are hard-asses who don't play around. They've added all kinds of other restrictions and what you will be evicted for.

 

[FireFighterHill]

I don't see how they can do that unless you sign new legal agreements with them.

 

[ERSanders]

I'm not a lawyer, but...

If they HAVE a lease, then the terms of that lease should stand until its expiration. The lease should provide all of the terms that both parties should respect. Just because someone purchased the property neither party has the liberty of changing any terms. A local attorney could give you guidance.

Maybe they should be shopping around for their next apartment.

 

[Straybeat]

I'm not a lawyer, but...

If they HAVE a lease, then the terms of that lease should stand until its expiration. The lease should provide all of the terms that both parties should respect. Just because someone purchased the property neither party has the liberty of changing any terms. A local attorney could give you guidance.

Maybe they should be shopping around for their next apartment.

That's the funny thing. They announced that the current leases still apply, but... LOL

 

[Styler1]

If they say to take it down, then take it down. Better than getting kicked out.