HELP! HOA making me move DISH

[Aridon]

A good lawyer is going to charge you much more than it will cost to move the dish. The HOA can fine you, put a lien on your house and in general make life miserable. Sure you can fight them, spend $200/hr for a lawyer to send letters and play patty cake with the property management company if you want. I'd just move the dish out of LOS from the street which is a common bylaw in HOA documents.

Now if she got approval from the HOA for the dish in the first place and its location then I'd probably fight them a bit to see where it went. Thats the first thing I did for any outside change, took a picture and sent it in for approval. That way if I get a letter I can tell them to go F* themselves.

 

[JohnL]

A good lawyer is going to charge you much more than it will cost to move the dish. The HOA can fine you, put a lien on your house and in general make life miserable. Sure you can fight them, spend $200/hr for a lawyer to send letters and play patty cake with the property management company if you want. I'd just move the dish out of LOS from the street which is a common bylaw in HOA documents.

Now if she got approval from the HOA for the dish in the first place and its location then I'd probably fight them a bit to see where it went. Thats the first thing I did for any outside change, took a picture and sent it in for approval. That way if I get a letter I can tell them to go F* themselves.

Aridon,

The OP does NOT need a Lawyer. If the HOA takes him/her to court, all he/she has to do is say they are representing themselves, and tell the Judge he/she has documents proving the HOA is over stepping their bounds. Present the Judge with the FEDERAL rules from the FCC that says as much, case closed. He/She will be out of court within 10 minutes.

Tell that HOA to suck an egg.

The point is you can install any Dish or numbers of Dish's (under 36 inches) on your property if you need them to maintain your service. BTW there is NO such restriction for OTA antennas either. HOA's plain and simply can NOT ban OTA antennas (OF ANY SIZE) or Dish's because they do not like the LOOK of them.

John

 

[Zero327]

Agree with most of the above, but... Next time your basketball hoop is on the sidewalk at 6:01 PM though your @$$ is theirs....

 

[Kevinw]

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...

FCC LAW
This sums it up pretty clearly. The HOA is responsiblle for proving the the dish is illegal. Call the number at the bottom

Q: Who is responsible for showing that a restriction is enforceable?

A: When a conflict arises about whether a restriction is valid, the government or association trying to enforce the restriction will be responsible for proving that the restriction is valid. This means that no matter who questions the validity of the restriction, the burden will always be on the local government or association to prove that the restriction is permitted under the rule or that it qualifies for a waiver.

Q: Who do I call if my town or neighborhood association is enforcing an invalid restriction?

A: Call the Federal Communications Commission at (202) 418-0163. Some assistance may also be available from the direct broadcast satellite company, multichannel multipoint distribution service or television broadcast station whose service is desired.

 

[Smith P.]

Can we a picture of your dish taken from street site ?

 

[dishcomm]

A good lawyer is going to charge you much more than it will cost to move the dish. The HOA can fine you, put a lien on your house and in general make life miserable. Sure you can fight them, spend $200/hr for a lawyer to send letters and play patty cake with the property management company if you want. I'd just move the dish out of LOS from the street which is a common bylaw in HOA documents.

Now if she got approval from the HOA for the dish in the first place and its location then I'd probably fight them a bit to see where it went. Thats the first thing I did for any outside change, took a picture and sent it in for approval. That way if I get a letter I can tell them to go F* themselves.

I disagree. This is giving in..Just what the HOA desires to happen..If people nevewr take a stand against an unjust law or regulatiopn , we get what we deserve..
BTW, the homeowner does not need a lawyer..The law is clear..Once again, some of you keep insisting it is ok or that these regulations are standard fare in HOA rules..That is immaterial. The fact is the FCC regulations make these HOA's powerless on the question of Dish placement.

 

[Sammy033]

The fact is the FCC regulations make these HOA's powerless on the question of Dish placement.

My parents were subject to an HOA. A few people on it were always on some sort of power trip. Oh and they werent homes per se. But condos. Which is sometimes worse because of the common walls and things like that.

Anyways... I would think also that placement overrides many things because of LOS requirements. Halfway competent lawyers are not stupid. They know when federal law supercedes something else. However they are advocates. Even after advising the HOA that the law is clear (which I would think ethics demand that they do, but I could be wrong), if it demands a case to proceed, the lawyer is obligated to do so. Or leave the clients employ.

And I guess thats the thing. If they know they are in the wrong, but go after a home owner anyways, then they are either on a power trip or think they are above the law. Or both. I would only be subject to an HOA kicking and screaming.

 

[Mr Tony]

The point is you can install any Dish or numbers of Dish's (under 36 inches) on your property if you need them to maintain your service.

its 1meter or 39.66 inches that you are covered under. The OP could put a 12 foot C_Band dish up but isn't covered under OTARD

BTW there is NO such restriction for OTA antennas either. HOA's plain and simply can NOT ban OTA antennas (OF ANY SIZE) or Dish's because they do not like the LOOK of them.

John

actually they can restrict how high they are. They cannot be no more than 12 feet above the roofline. That is in the OTARD

I find it funny that every time someone brings up the HOA a few people say "I would never live in one of those". That's fine. I live in one and am actually on the HOA board as VP. Maybe the OP's HOA is more stringent than the one I am in but even before I was on the board they had no issues with my 6 foot C-Band dish. The only rules they said were it had to be on the deck or on the edge of the roof. They will not allow us to put dishes on the ground. I have complied and haven't had any issues.

Maybe the OP should talk with the HOA and show them the rules. Most HOA's do not know the rules (I know ours didnt until I showed them the rules)

 

[ScooterS]

OK Guyz and Galz, Here is the opposite view.

I'm an avid Disher and also on our HOA Architectural Committee. We tried to do some common sense rules so that people could easily have their dish and still avoid an antenna farm in the front yards of the neighborhood.

According to the same FCC Rules HOAs can have preferred locations as long as they don't:
1) Prohibit Reception
2) Cause Delay
3) Unreasonably Increase Cost to the homeowner.

All we ask is that the homeowner put the dish on the back (or side behind the midline) of the house if they can get a spot that works there.

Here is the Quote from the same FCC fact sheet.
"Some communities have written restrictions that provide a prioritized list of placement preferences so that residents can see where the association wants them to install the antenna. The residents should comply with the placement preferences provided the preferred placement does not impose unreasonable delay or expense or preclude reception of an acceptable quality signal."

Our HOA passes the test because:
1) It doesn't delay (no prior approval required)
2) Doesn't prohibit reception of signal (we allow it in the front if the back shot won't work).
3) Doesn't create excessive expense. (This type of install is well within the limits of your free installation).

If the homeowner asks the installer to put it in the right place, then everyone is happy.

No not all HOAs are on power trips, we just have the task of enforcing a contract that each homeowner agreed to when they moved into the neighborhood.

 

[ScooterS]

I should add, we had one homeowner, an Attorney, who challenged us with the FCC. We got the FCC Notice, and gave our written response, including pictures of his installation and our rules.

The Homeowner never replied to the FCC, dropped his FCC Complaint, and removed his dish.

 

[dishcomm]

Agree with most of the above, but... Next time your basketball hoop is on the sidewalk at 6:01 PM though your @$$ is theirs....

so what?.....Are you implying that because your littel cup cake would forget to tell you to remove a piece fo sports EQ , that you would move your satellite dish?..

 

[dishcomm]

OK Guyz and Galz, Here is the opposite view.

I'm an avid Disher and also on our HOA Architectural Committee. We tried to do some common sense rules so that people could easily have their dish and still avoid an antenna farm in the front yards of the neighborhood.

According to the same FCC Rules HOAs can have preferred locations as long as they don't:
1) Prohibit Reception
2) Cause Delay
3) Unreasonably Increase Cost to the homeowner.

All we ask is that the homeowner put the dish on the back (or side behind the midline) of the house if they can get a spot that works there.

Here is the Quote from the same FCC fact sheet.
"Some communities have written restrictions that provide a prioritized list of placement preferences so that residents can see where the association wants them to install the antenna. The residents should comply with the placement preferences provided the preferred placement does not impose unreasonable delay or expense or preclude reception of an acceptable quality signal."

Our HOA passes the test because:
1) It doesn't delay (no prior approval required)
2) Doesn't prohibit reception of signal (we allow it in the front if the back shot won't work).
3) Doesn't create excessive expense. (This type of install is well within the limits of your free installation).

If the homeowner asks the installer to put it in the right place, then everyone is happy.

No not all HOAs are on power trips, we just have the task of enforcing a contract that each homeowner agreed to when they moved into the neighborhood.

"All we ask is that the homeowner put the dish on the back ".....Stop right there....Why?..Because , you can't..The FCC does not allow for HOA's to even suggest this...I wil elaborate....Typically when I survey a job I go to the rear of the home . I do this for aesthetic reasons..it is much more preferable to have the dish behind the home.,,The issue at hand has nothing to do with the standard rear of the house install...This discussion covers the difficult jobs..The on the front side of the roof or front yard location jobs which seem to raise the ire of the typical blue haired old biddy HOA board members..
It seems that HOA's automatically assume that there is ALWAYS a better location for a satellite antenna that can be seen from the street. I can tell you from 9 years experience, there isn't..At least on my watch..Because I always put the dish behind the house If I can..But If I can't due to LOS issues, the HOA is out of the loop..And it doesn't matter whether it's a free install to the customer or not..With that on mind, the HOA is intruding on my turf..An HOA has no right making my job any more difficult than it has to be..Additionally HOA's that prohibit pole mounted dishes?..Please keep me from laughing my head off..Where HOA's get off telling people that a dish must be mounted to their strcuture is a real pisser. Look at the words you choose.." to put it in the right place"...I view that as presumptuous..Just exactly is "the right place"?....You could ask every resident in your neghborhood and get a differernt answer from each one....
.It's stuff like this that gives HOA's a bad reputation.

 

[dishcomm]

I should add, we had one homeowner, an Attorney, who challenged us with the FCC. We got the FCC Notice, and gave our written response, including pictures of his installation and our rules.

The Homeowner never replied to the FCC, dropped his FCC Complaint, and removed his dish.

I would have fought you on principle..The guy in question wussed out...You would have not gotten me to budge...

 

[ScooterS]

Hey Dishcomm: I don't know ANYTHING about the specific install. I was only addressing those who think that the HOA can't have a "preferred" location.

If it was in our HOA and that was the only logical place to get a shot it would be approved (better to say not dis-approved since we don't requrie prior approval). Also, we don't have any "pole" regulations.

There I've done enough electronics, dish and and RF stuff in the past 50 plus years to know whether a shot is good or not. There are a few places here in Tx that you can't get a shot (angle is fairly high). However, in most spots, you don't have a problem.

Here is the real rub in our neighborhood. Most installers do a great job. They find a good location in the "preferred area" and put the dish up and route the cable nicely. The homeowner gets a good picture and we mantain the neighborhood appearance.

On the other hand, we have a (few) other installers who come out and slap the dish on the Left Front of the home. Why, not to get the best shot, but because they are directly above the power (ground) and cable taps.

They tell the homeowner a whole ration of stories if they ask. The best one that I heard today was that it HAD to be in that specific location for lightning protection. (read: I don't want to run a ground wire back to the dish). Nevermind that every other home on the street had their dish at the rear.

Just like overbearing HOAs get a bad rap, these (few) installers give Dish a bad rap.

If the HOA would be a bit less anal, if the homeowner would advise the installer of his/her desires, and if (some) installers would take a bit more pride in their work, we could all get along.

I'm sure that you are top-knotch. Unfortunately not everyone is so thorough.

 

[Mr Tony]

very well put scooters

LIke I say, our HOA prefers either the deck or the edge of the roof. If you can't get reception, do we get mad if its on the front of the house? no. There are a couple houses that cannot get signal on the back of the house due to a tree. So they have it in front where we comes up the driveways. Heck I have one of my C-Band dishes in front of my garage on weekends due to no view from the deck on the back of the house

 

[Zero327]

so what?.....Are you implying that because your littel cup cake would forget to tell you to remove a piece fo sports EQ , that you would move your satellite dish?..

No. I'm implying that when you beat your HOA, even when they're wrong, they start headhunting for anything they can get you on. Not that that would prevent me from using a large array of expletives with their people.

 

[dishcomm]

No. I'm implying that when you beat your HOA, even when they're wrong, they start headhunting for anything they can get you on. Not that that would prevent me from using a large array of expletives with their people.

They aren't the cops..And yes, if your HOA harrasses you, you should sue them..
in this case, suppose my HOA starts in on me..That's when I go to the HOA board president's house and tell him/her that if they want to play ball, they had better get bigger bats..There are plenty of lawyers that specialize in HOA /property owner disputes..These lawyers are sharks.

 

[Kevinw]

They aren't the cops..And yes, if your HOA harrasses you, you should sue them..
in this case, suppose my HOA starts in on me..That's when I go to the HOA board president's house and tell him/her that if they want to play ball, they had better get bigger bats..There are plenty of lawyers that specialize in HOA /property owner disputes..These lawyers are sharks.

Better yet, gather the neighbors and vote them out. Join the board yourself.

 

[tsduke]

HOA's are a joke. If people are so uptight about how other poeple home's and yards look then move out into the country by yourself where you have no neighbors.

 

[digitalartifact]

It really comes down to how well you like living in that location... (or mom, dad, sister...) I have seen my fair share of HOA's, or (Condo Associations) that will harass someone until they move.

Oppss you watered 10 seconds to long
Your grass is .01" above the tolerated limit
You have 1% more brown grass then is allowed
your car was parked 2mm off the center of the driveway
...

sometimes its best to pick your battles and think about the repercussions.
I think you could easily win this one... but what about the barrage they can retort with? do you want to endure that? Is it worth it?? especially if you can move the dish to comply with their wishes... then you just take the wind out of their sails.