is patio railing part of home or not

[Constituents]

my homeowner are arguing with me for this.
I am suggesting that the railing of patio is mine and I pay for it so I can install the Dish over it. I also told them I will not have holes in it but they are still arguing over this issue and asking me that patio is mine but not the railing.
What should I do?
Immediate answer is required as I have meeting with them tomorrow.
Thank you very much,
Regards,
CD

 

[wobbie]

Do you rent an apartment??? If so you have a right to the patio, that is your leased area. AS far as the railing, I would say that the owner of the building owns it. Ask them to make a guideline for installing a satellite, if not you may have to follow the FCC restrictions. I se nothing wrong with attaching the dish to a railing, but some buildings prohibit the dish to extend beyond the "leased property"

 

[Mike500]

The question is whether the railing is a "common area" or for your "exclusive use." If no one else has or passes either near or by it in the course of daily use, it it yours. A first floor patio railing might not be for "exclusive use," while a second floor and above patio railing might be.

Exclusive use is governed Fourth Amendment Constitutional issues under case law. The legal term is curtlage. Curtlage is defined as areas daily use for the resident but not readily accessible or allowed for public entry. In that a search warrent is necessary for even a search of this area by law enforcement, this would be your most important issue to stand on. The outside area or a railing on the first floor is a common area not for exclusive use, while the inside area is an exclusive area. A second floor railing would be exclusive use both inside and outside, since the public has no convnient or readily avaiable access. A common hallway in front of a resident with a railing would not be so defined as for exclusive use.

 

[charper1]

Mike550 is 100% correct. Also, even if the rail is exclusive then can have other rules regarding safety you would have to check into. If you visit the FCC website you can get a copy of the law. But be prepared, it isn't as cut and dried as people think. Your landlord still has many more rights and the upperhand.