They said they have their own satellite dishes and only provide that service, only 52 channels, the local cable companies will not wire the complex. Can they do that? (not allow private satellite dishes? I thought federal law prevented them from doing that. Could it possibly be a provision of the company that provides them the complex-wide sat service? (they have several 5 foot dishes with no markings/labelings).
just talked to apt. complex, said no private sat dishes allowed?
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Iceberg said:
That's true, but there are practical limitations.
First, they CAN restrict you from screwing-into the building (penetrating the roof, siding, or deck material). You may need to mount to a mast in a bucket of concrete, or somehow attach to a railing without nails/screws (metal straps?).
I read the fcc article a while ago, but I think it applies more to those who "own" the apartment/condo; renters might be restricted by the owner.
And still your deck must have an unobstructed south-facing view.
Ours is attached to the railing by using two satellite dish pole feet (one on the pole normally and one on the other side of the railing with the bolts going through the holes).
Then again our apartment complex is cool with dishes.
Then again our apartment complex is cool with dishes.
jpn said:
No, this is 100% meant for rentals as well, but you are correct that the landlord can restrict you if you must attach to the facia, wall, or railing with screws, etc. They can pretty much say if you can't get it done with a 5gal bucket, a mast and concrete, then NO WAY! and that is legal for them! They can also tell you to remove it if they can prove that it violates some safety or other code.
taken from the aticle posted (thank you):
Q: Are there restrictions that may be placed on residents of rentalproperty?
A: Yes. A restriction necessary to prevent damage to leased property may bereasonable. For example, tenants could be prohibited from drilling holesthrough exterior walls or through the roof. However, a restriction designed toprevent ordinary wear and tear (e.g., marks, scratches, and minor damageto carpets, walls and draperies) would likely not be reasonable provided theantenna is installed wholly within the antenna user's own exclusive use area.In addition, rental property is subject to the same protection and exceptionsto the rule as owned property. Thus, a landlord may impose other types ofrestrictions that do not impair installation, maintenance or use under therule. The landlord may also impose restrictions necessaryfor safety or historic preservation
The thing is, this is the nicest apt complex in the area we'd really like to live there. But if I print this thing off and take it to them and start arguing before we even sign a lease, they may not lease to us. On the other hand, I don't want to sign a lease and show them this legislation, and still refuse. At that point I'd have no other choice but to accept their crappy services or file a lawsuit which would take $$$ and forever to do. When apartment places do this, it puts residents and future residents between a rock and a hard place.
Q: Are there restrictions that may be placed on residents of rentalproperty?
A: Yes. A restriction necessary to prevent damage to leased property may bereasonable. For example, tenants could be prohibited from drilling holesthrough exterior walls or through the roof. However, a restriction designed toprevent ordinary wear and tear (e.g., marks, scratches, and minor damageto carpets, walls and draperies) would likely not be reasonable provided theantenna is installed wholly within the antenna user's own exclusive use area.In addition, rental property is subject to the same protection and exceptionsto the rule as owned property. Thus, a landlord may impose other types ofrestrictions that do not impair installation, maintenance or use under therule. The landlord may also impose restrictions necessaryfor safety or historic preservation
The thing is, this is the nicest apt complex in the area we'd really like to live there. But if I print this thing off and take it to them and start arguing before we even sign a lease, they may not lease to us. On the other hand, I don't want to sign a lease and show them this legislation, and still refuse. At that point I'd have no other choice but to accept their crappy services or file a lawsuit which would take $$$ and forever to do. When apartment places do this, it puts residents and future residents between a rock and a hard place.
They cant descriminate aginst you.....make sure YOUR area has a view to the south...choose your apt location if you can...then go from there....the law is on your side
Actually they can discriminate against you. They may not offer you an apartment, or they can always put a no satellite clause in your lease. If you sign away your rights to a satellite dish in your lease there is nothing the FCC rules can do for you.
If you sign a lease that says that the deck of your apartment is common space not private space there is nothing the FCC can do about it. You can still put it inside your apartment but that is it. Still if you cause problems before you sign they just wont let you have the apartment.
Addition
Yes FCC does have higher power than the lease, but if you sign a lease saying you will not place a satellite dish on your deck you will have a long fight ahead. They can evict you for not complying with your lease. You can fight and spend thousands in legal fees and in the end you will win, (if the judge is actually smart... thats rare, more likely you will win in appeal) but is it really worth all the trouble? Just find a place that allows dishes it's cheaper and easier.
2nd addition
Im actually going to find out for sure, I put in a call to a friend who is a federal judge. I still think if you expressly sign away your rights you cant come back and change your mind. If this were true no legal waver would be valid.
I'm actually getting ready to invest in some loft apartments and I do not want owners putting dishes on the balconies. I personally love my sat so I am going to put both Dish and DirecTV on the roof and allow people to choose whatever they want and I will be able to change each loft to whatever they prefer. (including cable)
Addition
Yes FCC does have higher power than the lease, but if you sign a lease saying you will not place a satellite dish on your deck you will have a long fight ahead. They can evict you for not complying with your lease. You can fight and spend thousands in legal fees and in the end you will win, (if the judge is actually smart... thats rare, more likely you will win in appeal) but is it really worth all the trouble? Just find a place that allows dishes it's cheaper and easier.
2nd addition
Im actually going to find out for sure, I put in a call to a friend who is a federal judge. I still think if you expressly sign away your rights you cant come back and change your mind. If this were true no legal waver would be valid.
I'm actually getting ready to invest in some loft apartments and I do not want owners putting dishes on the balconies. I personally love my sat so I am going to put both Dish and DirecTV on the roof and allow people to choose whatever they want and I will be able to change each loft to whatever they prefer. (including cable)
A contract/lease which goes against a federal or local law cannot be enforced without both parties agreeing to it (and sometimes not even then, it's like if a apartment owner stipulates on the lease that the renter must smoke crack[1] once a week, even if the renter signs in agreement, it cannot be upheld since smoking crack violates the law).
[1] Ok, this is not _quite_ the same, but exaggerated for example.
[1] Ok, this is not _quite_ the same, but exaggerated for example.
No one can force you to sign your rights away. The could refuse to rent to you. But they can't make it contingent in a lease when there's a specific law. Say if there was a law that said all new public building must have handicap access. You couldn't say that you won't let handicap people come in the building and be exempt to having to do it.
jaschier said:
Build your own stand for the dish, which doesn't damage the property (screwing in to a deck). How could they possible prevent or be aware of it?
my landlord said "no dishes" i went ahead and put it in, didn't hurt his building,
and it was in the lease that i wasn't allowed to
that was a year and a half ago, and i haven't heard anything about it since
and it was in the lease that i wasn't allowed to
that was a year and a half ago, and i haven't heard anything about it since
Even though I would like to live there, I don't want to battle, and I want quality TV and found another place that allows dishes. I printed out the whole 12 pages from the FCC webpage and took it to them and showed them. They said "ok, but we're still not allowing you, good luck in court." I ended up telling them that I would call the FCC 800 number and report them, as well as visit the local police department. Used to work for Echostar, and still know many of the higher ups within the call center as well as the director, and will be contacting them soon. I printed up a letter to the company that owns this apartment complex objecting to illegal rules, advising that they had better change it. The apartment charges $35 for 52 channels, and you can upgrade to hbo/max/showtime for $10, but whatever you add, you are not allowed to remove until your lease is over... ridiculus. People that live there shouldn't be forced to that, and I'm sure many of them have no idea they have other options.
jaschier said:
You could always go ahead, sign the lease, and deploy the dish anyway. They would ask you to remove it, and you would say 'no'. They could ask you to leave, and you could say 'no, I paid my rent'. It would take them a long time to get an eviction notice. Eventually you'd need a lawyer and that would be out of your pocket.
No matter how much you are in-the-right, they can make your home life unpleasant.
Regardless of your eventual choice, you ought to look into whatever agency your state uses to enforce fair housing. If you're lucky they won't tell you: "if you don't like it, go elsewhere".
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