Landlord forcing us to remove dishes from patio/balcony

Noryn

Well-Known SatelliteGuys Member
Original poster
Jun 10, 2004
34
0
It really must be nice for people to be able to sit around all day and see what type of stupid things they can come up with to occupy others' time. I just have received a letter from my landlord. I live in a 3 story apt building. It says we have 60 days to have our dishes removed from any part of the building/balcony. All dishes now have to be placed on the balcony in a bucket of sand or cement.

Effective in 2 months, all dishes connected to the building will be removed and disposed of. I did call Dish who informed me of "my rights" but this really isn't going to help anything. I know what my rights are but how can I go about fighting this?

Any suggestions? They would be greatly appreciated.
 
The passive aggressive in me says: Find the ugliest rustiest and beat up bucket you can find, make sure it’s highly visible from the common areas and go for it! Don’t forget to paint your dish some obnoxious fluorescent color.
 
When it rains, it pours. I cannot get my phone to connect to my pc to get the picture. Anyway it is installed on the balcony railing. But my problem is that when the Dish guys came to install back in Feb. there was a dish on the balcony below that noone was using so they just used that one.

So even if the rule was reversed, I still would have to at least get it installed on my balcony. I called Dish and they were going to charge me 99.00 to come out and put it in a bucket. I then just decided to cancel everything--I am so tired of fighting and they offered to remove the 99.00 fee.

I am still not convinced they can stop me from having a dish installed to the balcony. I am not sure I am going to like the bucket deal--it seems like it would be more prone to movement.
 
I think that's so dumb, the dish isn't bothering anything. IMO, as long as you live their you should be able to keep the dish there. Now when you move out, I could understand them wanting it removed then. But then again, what do I know, I'm not a landlord who sits around looking for things to fuss about.
 
Well what really sucks is he gave me a signed install paper back in February saying it was fine to attach it to the balcony. It is just irritating with the things that come up. He is a jerk anyway, his tone in most of his letters is always degrading. Normally I wouldnt care to switch to cable but I do enjoy Dish network. Their DVR is much nicer than the one Suddenlink offers. Also, Suddenlink has about 15 hd channels lol.

Plus when I was talking to Dish, the rep told me I had a commitment (which I don't) so that is another fight for another day I guess.
 
am i reading this right that the dish you are using is attached to the railing of the balcony below yours?


Edit: The dish must be within your balcony. No part can hang over the rail.
 
Last edited:
am i reading this right that the dish you are using is attached to the railing of the balcony below yours?


Edit: The dish must be within your balcony. No part can hang over the rail.

Yeah kind of--it is attached to the balcony (the front of the floor) not the railing. So I am screwed either way really. I still don't think it is fair to make us install it in a bucket but I think the installers have been getting a bit sloppy so that may be a reason.
 
You may want to point the landlord to the following, they can stop you from drilling walls, but not attaching it to balcony structure. FCC ruled on this a while back. Find a lawyer pay them a small fee to write a letter to the landlord and see who blinks first.


FCC Fact Sheet on Placement of Antennas

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.

Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.
 
Normally I would probably do that but my installers saw a dish and mount below my apartment that wasn't being used so guess what they did--ha! They used it. Saved them some work I guess.

So if they want to get technical I have to move my dish regardless--it isnt on my balcony. Just frustrating all the way around.
 
It really must be nice for people to be able to sit around all day and see what type of stupid things they can come up with to occupy others' time. I just have received a letter from my landlord. I live in a 3 story apt building. It says we have 60 days to have our dishes removed from any part of the building/balcony. All dishes now have to be placed on the balcony in a bucket of sand or cement.

Effective in 2 months, all dishes connected to the building will be removed and disposed of. I did call Dish who informed me of "my rights" but this really isn't going to help anything. I know what my rights are but how can I go about fighting this?

Any suggestions? They would be greatly appreciated.

correct. The rules permit property mangament and owners to ban attachments. BY law they cannot ban the antenna. They are permitted to limit each dwelling unit to ONE antenna.
Tripods and non penetrating roof mounts(your expense) are great alternatives
 
Maybe you should get the installer back out to place the dish in your private space just like they should have the first time around. They took a short cut to save money. It should bite them on the rebound.
 
Maybe you should get the installer back out to place the dish in your private space just like they should have the first time around. They took a short cut to save money. It should bite them on the rebound.

I had thought about that but then I would have to still deal with the landlord. It would be easier just to have them put it in a bucket like he wants. I called Dish and they are coming out Monday morning to do this.

I will have them (or do it myself if they wont) put screws in the bottom of the bucket to secure it to the floor of the balcony.
 
When it rains, it pours. I cannot get my phone to connect to my pc to get the picture. Anyway it is installed on the balcony railing. But my problem is that when the Dish guys came to install back in Feb. there was a dish on the balcony below that noone was using so they just used that one.

So even if the rule was reversed, I still would have to at least get it installed on my balcony. I called Dish and they were going to charge me 99.00 to come out and put it in a bucket. I then just decided to cancel everything--I am so tired of fighting and they offered to remove the 99.00 fee.

I am still not convinced they can stop me from having a dish installed to the balcony. I am not sure I am going to like the bucket deal--it seems like it would be more prone to movement.

from fcc.gov

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.

Q: Are there restrictions that may be placed on residents of rental property?

A: Yes. A restriction necessary to prevent damage to leased property may be reasonable. For example, tenants could be prohibited from drilling holes through exterior walls or through the roof. However, a restriction designed to prevent ordinary wear and tear (e.g., marks, scratches, and minor damage to carpets, walls and draperies) would likely not be reasonable provided the antenna is installed wholly within the antenna user's own exclusive use area. In addition, rental property is subject to the same protection and exceptions to the rule as owned property. Thus, a landlord may impose other types of restrictions that do not impair installation, maintenance or use under the rule. The landlord may also impose restrictions necessary for safety or historic preservation.

Typically apartment owners or management companies include "the structure" to this rule. That is the entire building structre. Railings and support posts included.
"Drilling" typically includes any type of attachment where a screw or bolt is inserted into the building material.
In other words, rental properties have the authority under the rules to prohibit satellite antennas from being attached in any manner to the buildings decks rails and and any other part of the structure.
You must comply if your dish is attached to the structure.
Renters do not have the same rights and priveledges as those who own the property in whcih they reside. It is what it is.
Sorry.
 
I think that's so dumb, the dish isn't bothering anything. IMO, as long as you live their you should be able to keep the dish there. Now when you move out, I could understand them wanting it removed then. But then again, what do I know, I'm not a landlord who sits around looking for things to fuss about.

Here's the rub. Whether any of us think the dish is not a bother is immaterial. The property owner has the final say.
As a staunch supporter of private property rights, I agree 100%.
 
Well what really sucks is he gave me a signed install paper back in February saying it was fine to attach it to the balcony. It is just irritating with the things that come up. He is a jerk anyway, his tone in most of his letters is always degrading. Normally I wouldnt care to switch to cable but I do enjoy Dish network. Their DVR is much nicer than the one Suddenlink offers. Also, Suddenlink has about 15 hd channels lol.

Plus when I was talking to Dish, the rep told me I had a commitment (which I don't) so that is another fight for another day I guess.
Ahh So you believe the rules were changed in the middle of the game?>
Well now..Have a look at fcc.gov and see if there's anything that can help you fight back..
Now by "attached" what did the paper say EXACTLY..
Look to see if "attachment" means permanent or non permament. Non permanent might be with C- clamps or other non intrusive device. If that is the case you may have a leg to stand on. Now if the dish is bolted screwed or nailed to the railing, you're out of luck
 
Thanks Dishcomm I guess that cleared it up a bit. I agree it is what it is but I do think that renters should have the right to have access to a satellite or cable if they want.

It is all about choices though. That is ultimately why I am just putting it into the stupid bucket. I did ask about a satellite when I signed the lease and was told it was fine. I could probably get out of the lease but I am not really wanting to find another place and move so I guess the only option is to deal with it.
 
Ahh So you believe the rules were changed in the middle of the game?>
Well now..Have a look at fcc.gov and see if there's anything that can help you fight back..
Now by "attached" what did the paper say EXACTLY..
Look to see if "attachment" means permanent or non permament. Non permanent might be with C- clamps or other non intrusive device. If that is the case you may have a leg to stand on. Now if the dish is bolted screwed or nailed to the railing, you're out of luck

I still have the paper, it says on the official dish form modifications approved: "Install Dish to balcony."
 
Maybe you should get the installer back out to place the dish in your private space just like they should have the first time around. They took a short cut to save money. It should bite them on the rebound.
I agre. the installer had no business using an antenna at an adjacent unit.
He should have installed a new antenna inside the OP's exclusive space.
The OP may have a gripe big enough to get Dish out there ro properly install his antenna.
Good thinking.
 

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