HELP! HOA making me move DISH

[sandge77]

I AM HAVING AN ISSUE WITH MY HOMEOWNERS ASSOCIATION AND WAS HOPING YOU COULD ASSIST. MY MOTHERS SATELLITE DISH THAT IS UNDER 39 INCHES IN DIAMETER IS MOUNTED ON A MAST IN HER YARD ON HER PROPERTY. IT IS SLIGHTLY VISIBLE FROM THE ROAD. MY HOA IS SAYING THAT THEY HAVE THE RIGHT TO MAKE HER MOVE IT UNLESS I CAN PROVE THE FOLLWING TO THEM: 1- The standards for dish installations? 2-How short is a "short staff?" 3-How tall is the mast she has installed? How much heavier is her dish than the typical dish? 4-How did they conclude that it would be "unsafe" on the wall? 5- Is the wall concrete block? 6-Are there not fasteners available for the device to be set into concrete? 7-Have we seen the installation instructions, or are we just relying on what she is telling us?
IN ADDITIION I HAVE TO PAY DISH NETWORK TO HAVE THEM MOVE IT OVER $100.00. MY QUESTION TO YOU IS, IS WHAT THEY ARE DOING LEGAL? ARENT THOSE UNREASONABLE REQUESTS. AS AN HOA I THOUGHT THEY DID NOT HAVE THE RIGHT TO MAKE YOU MOVE A DISH EVEN IF IT IS ON A MAST SO LONG AS IT WAS ON YOUR PROPERTY. I REALLY APPREICIATE ANYONES ASSISTANCE IN THIS MATTER.....SANDRA

 

[chaddux]

CAPS = shouting.

 

[mdwatt]

That's exactly why I will NEVER live in any type of neighborhood that has a HOA. Give me the country any day. It's MY property, let me do what I want with it. *END RANT*

Most HOAs require a contract to be signed before the home owner moves into the property. These contracts usually are very specific about the things that a homeowner can and cannot do, and what tends to be "aesthetically pleasing" to the neighbors. Now here's where it gets tricky... FCC law states that landlords and HOAs cannot prohibit tenants/homeowners from having a dish altogether, but they CAN make "reasonable" restrictions on how the dish is installed or located. The key word there is reasonable. There's a lot that's left open to interpretation. I'm sure someone else can provide a direct link to the FCC page that tells what the laws are for allowing dishes. I've long since lost it.

 

[JAG72]

Take a look at this thread that was in the Directv forum. It is a pretty good discussion around this topic.

http://www.satelliteguys.us/directv-forum/95049-hoa-grrrrrr.html

 

[JAG72]

CAPS = shouting.

Maybe she is mad. I would be pretty upset if I had to go through something like this.

 

[DirtyTurbin]

Here ya go. FCC Fact Sheet on Placement of Antennas

 

[edge10]

Try this:

FCC Fact Sheet on Placement of Antennas

This covers the only type of restrictions they can make:

Q: Are all restrictions prohibited?

A: No. Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety. Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna. The safety reason for the restriction must be written in the text, preamble or legislative history of the restriction, or in a document that is readily available to antenna users, so that a person who wishes to install an antenna knows what restrictions apply. Safety restrictions cannot discriminate between objects that are comparable in size and weight and pose the same or a similar safety risk as the antenna that is being restricted.

 

[sandge77]

They are saying that they are allowed to make restrictions. They said they had their attorney look at the FCC guidelines and I need to prove to them all of that info to keep the dish on the pole. The banned poles. I've read the FCC rules a million times. To me they're clear as day but the HOA is stating differently.

 

[harshness]

The banned poles. I've read the FCC rules a million times. To me they're clear as day but the HOA is stating differently.

They'll likely have a terrible time taking away something that they previously allowed; this is the bedrock of grandfathering and conditional use. I would suggest to the HOA that they replace the existing setup with a functionally identical one that is more to their liking.

I would think that the burden of proof on an existing installation is on the HOA, not your mother. To summarily ban something after the fact that may indeed be required is going to be a tough row to hoe.

The next thing you know, they'll ban residents over the age of 50.

 

[gpflepsen]

They are saying that they are allowed to make restrictions. They said they had their attorney look at the FCC guidelines and I need to prove to them all of that info to keep the dish on the pole. The banned poles. I've read the FCC rules a million times. To me they're clear as day but the HOA is stating differently.

I would like to see pictures, from the street showing the view of the satellite dish.

Apartments and condos can control placement, But an HOA? I'd tend to think they are overstepping their bounds and are trying to intimidate you with dropping the lawyer bit in there.

I would suggest to them, perhaps not at this point, that if it upsets them so much, THEY can move it and incur the expenses.

 

[harshness]

Apartments and condos can control placement, But an HOA?

Don't underestimate the authority of an HOA to estabish C&Cs.

 

[gpflepsen]

Don't underestimate the authority of an HOA to estabish C&Cs.

HOA's can go beyond what they legally can, especially where small DBS dishes are concerned. That is common. They may try and they may succeed. But it may not be legal.

 

[lakebum431]

You don't have to prove anything. Show them the FCC rules. If they don't like it, then let them sue you. When you present the FCC rules the judge will throw them out of court. This has happened numerious times.

 

[rdinkel]

The question becomes: Is there a better place to install the dish that still gets good signal without sitting out in the open for others to be looking at the dish? If so, then that is where it should have been installed in the first place. When you move into HOA-managed communities you agree to do your part to comply with the covenants. It seems everyone wants to live in attractive neighborhoods, but then want exceptions made for their violations--but not their neighbor's.

 

[jdspencer]

The OP also posted in the HOA Grrr thread.
http://www.satelliteguys.us/directv-forum/95049-hoa-grrrrrr-10.html#post928404
I hope he reviews all threads he posted in.

 

[catnap1972]

You don't have to prove anything. Show them the FCC rules. If they don't like it, then let them sue you. When you present the FCC rules the judge will throw them out of court. This has happened numerious times.

In which case, you'd better make damn sure you don't break any other rules lest you find yourself out in the street (on spite)

 

[Smith P.]

And that thread in DirecTV forum show - you can't please everyone around - some ppl walking on street but some looking from their backyard at left/right or back side your fence; the dish will be seen regardless its position !

 

[dishcomm]

They are saying that they are allowed to make restrictions. They said they had their attorney look at the FCC guidelines and I need to prove to them all of that info to keep the dish on the pole. The banned poles. I've read the FCC rules a million times. To me they're clear as day but the HOA is stating differently.

No you do not..They are making the complaint. SO the burden of prof falls upon the HOA..The FCC guidelines supercede all HOA restrictions if the Dish(wwhich is compliant)..Your HOA has NO RIGHT to make you move th dish. Period..IWhn this comes up I urge the customer to go to the FCC website and print out the Fact sheet on dish antena placement. Then send or hand deliver a copy to the HOA. If you send uit voia mail, do so using registered(not certified) mail..Registered mail requires the parcel to be signed for by the addressee. This ensures any shenanignas like "oh we never received it" are shunted aside...I would like to tell every one of these little busy body self involved neighbor police to find a short pier at the harbor and take a long walk....

Ok I digress..Get the FCC documents together and send them along..BTW, keep a copy for yourself..One more thing. The HOA attroney is trying to intimidate you by
placing the burden of proof upon you..He's wrong..

 

[dishcomm]

Don't underestimate the authority of an HOA to estabish C&Cs.

How so?..An HOA that bans satellite antennas in this particular issue is in violation of FCC regulations...Let me guess. You are on your HOA board?..Or have you been victimized by your HOA?

 

[dishcomm]

The question becomes: Is there a better place to install the dish that still gets good signal without sitting out in the open for others to be looking at the dish? If so, then that is where it should have been installed in the first place. When you move into HOA-managed communities you agree to do your part to comply with the covenants. It seems everyone wants to live in attractive neighborhoods, but then want exceptions made for their violations--but not their neighbor's.

That misses the point..The facts are clear. HOA's cannot ban dishes nor can they require thenm to be hidden from view..The HOA regulations are a violation of federal law..That about sums it up...Better said, an HOA cannot make rules that violate the local state or federal laws..Yes HOA's have the power to add to local ordiances and laws. But they cannot make rules that violate local state and federal laws...This is a non-issue...HOA's a powerless on this matter...The problem here is people look for things to get offended over..They need more fulfilling lives.
I have had no problems fending off HOA's for my customers...