Help! My HOA wants our dish moved!

[floridasun]

We had our direct tv HD dish installed. We told the installer it had to be on the rear of our home...due to our HOA. The installer stated that we could not put the dish on the rear of our home due to lack of proper ground and we would loose picture quality. The dish is mounted on the side of our house behind our chimney. Only visable from one side of our house. HOA wants us to move it to the rear. We called direct tv, another tech came out to move it and said the same thing as the first installer. No can do. He stated the same reasons and gave us a letter for our HOA. Our HOA is not happy with this and thinks it is BS. The board members have their dishes on the rear and they didn't have any problems. They still want the dish moved.

What do we do????

 

[uncrules]

Show this to your HOA and tell them to eat it. The federal gov't says that they can't do jack squat about it.

FCC Fact Sheet on Placement of Antennas

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").

The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

 

[2x10]

did you check your covenant? Read exactly what it states!!!!!!
Also, there is a federal law that defends dish owners, present that to the board. Check to see if there is a management company running your HOA - 99% of the time there is one. You can contact the Management company and talk to them too!

Our covenant stated NO dishes and I presented this to the management company before we moved in and they said not to worry about it. I realize your sitiuation is different but you still have rights as a owner. Renters on the other hand fall under different covenant(s)

 

[2x10]

did you check your covenant? Read exactly what it states!!!!!!
Also, there is a federal law that defends dish owners, present that to the board. Check to see if there is a management company running your HOA - 99% of the time there is one. You can contact the Management company and talk to them too!

Our covenant stated NO dishes and I presented this to the management company before we moved in and they said not to worry about it. I realize your sitiuation is different but you still have rights as a owner. Renters on the other hand fall under different covenant(s)

I see that as I was typing someone posted the federal law!

Good luck

 

[Joe Diamond]

Illigitimi carborundum!

This has been covered elsewhere but the short answer is that in exchange for limiting your system to a dish antenna of less than one meter the FCC will ban HOAs from having rules controlling the location of your dish antenna on property you own.

It is the Federal Telecommunications Act of 1996 ( I think) and has been used by both sides of the issue.

And there is rarely a HOA that speaks as one voice. Someone has too much time on there hands. Let them measure mail boxes and check door colors. Dish location rules are illegal.

Joe

 

[vurbano]

You could just fix your grounding situation.

 

[floridasun]

Now our HOA said they called direct tv and independent installers and were told that our 2 techs were wrong and we shouldn't have picture quality issues.

Our HOA also states that all we need is a grounding rod for the rear of our house. We looked into that, and we are worried about a ground loop.


We mentioned the FCC stuff to the HOA and they pretty much dismissed it. Uhhh!

 

[uncrules]

We mentioned the FCC stuff to the HOA and they pretty much dismissed it. Uhhh!

Let the idiots waste their money by hiring an HOA lawyer. I've read several HOA lawyer websites and even they acknowledge that HOAs can't do nothing about the placement of your dish.

 

[yourbeliefs]

Now our HOA said they called direct tv and independent installers and were told that our 2 techs were wrong and we shouldn't have picture quality issues.

Our HOA also states that all we need is a grounding rod for the rear of our house. We looked into that, and we are worried about a ground loop.


We mentioned the FCC stuff to the HOA and they pretty much dismissed it. Uhhh!

Did you show them the form? I'd say show them the form and (if this is possible) get the number of someone from the FCC and call them when you're talking to these people, so that the FCC can tell them directly that they can go f themselves. I say you just install the thing and when they complain just keep pushing them off and citing the FCC.

 

[Ronnie-]

We mentioned the FCC stuff to the HOA and they pretty much dismissed it. Uhhh!

You need to print out what Unc posted, or find it on the website yourself and let them read it. There is NOTHING they can do legally

 

[jdspencer]

You own the house and in regards to the placement of a DBS dish you can put it anywhere you want within the guidelines of that FCC document.

 

[mainstream]

I think its a grounding issue. It needs to to bonded to the house and a ground rod does not do this properly, unless you run a large wire from the rod back to the main ground on the house. Also the ground wire length has to be short with a minimum number of bends. The installers don't want to be a fault if you get a surge/lightning. Also tech support blames a lot of issues on improper grounding.

 

[yourbeliefs]

You may want to double check the signal issues with the thing in the rear. While I'm all for sticking it to HOA a-holes, don't forget that you have to "live" with these people so to speak, and it's not always in your best interest to piss them off and threaten legal action. Somehow get a definitive answer about the rear installation before you throw down FCC literature and threaten them with "Try some legal action and see what happens!" It never hurts to be on a favorable side of an HOA.

 

[harshness]

Don't get too excited about hiding behind the feds. The language demands that you have to try to comply. It doesn't say that you can do whatever your free installation allows.

If there is some way to make it work in the rear of the house (probably by bonding on another ground rod), you must do it.

 

[floridasun]

I think its a grounding issue. It needs to to bonded to the house and a ground rod does not do this properly, unless you run a large wire from the rod back to the main ground on the house. Also the ground wire length has to be short with a minimum number of bends. The installers don't want to be a fault if you get a surge/lightning. Also tech support blames a lot of issues on improper grounding.

Does anyone know if it cost $$$ to get the ground bonded?

 

[Bob Nielsen]

Does anyone know if it cost $$$ to get the ground bonded?

That depends on the physical situation and you may be able to do it yourself for a minimal cost (I ran some #6 wire into my crawlspace and clamped it to the ground rod on one end and the copper water pipe at the other). Neither Dish nor Directv grounded the dishes when were installed, by the way, and I suspect that there are a large number of ungrounded installations (it shouldn't be that way, but things happen--or don't). The important thing is that the ground rod for the dish and your main electrical system ground are at the same potential. Check your local building codes, as they sometimes have slightly different requirements than the NEC.

 

[Ronnie-]

Don't get too excited about hiding behind the feds. The language demands that you have to try to comply. It doesn't say that you can do whatever your free installation allows.

If there is some way to make it work in the rear of the house (probably by bonding on another ground rod), you must do it.

I agree that he should try to comply, but from what he has posted here, he did. Twice

 

[Rey]

and grounding issues don't affect picture quality. that's the dumbest thing i ever heard. grounding is important but certainly not for pic quality. lazy techs...

 

[mini1]

I'd leave it where you have it now and do nothing. You are fully protected under current law. They can make as many demands as they want, but none of them will require you move the dish. If they come onto your property and either damage or remove the dish then you can go after them for trespassing, property damage, theft and other things. Don't worry about it. There is nothing they can do and they know it! They are just trying to pressure you into thinking they have the power to make you remove/move the dish and hoping you will comply.

 

[floridasun]

The tech said if we moved the dish to the rear of the home we would lose picture quality based on the increased distance from the rear of the home to the main receiver.
That is in addition to the grounding issue.

We mentioned both to the HOA...along with the FCC info.
According to the FCC info, we are completely in the right and do not need to move the dish. Too bad the HOA doesn't see this!