Bruce, I would get a legal opinion from a lawyer familiar with that sort of
law. IMO and IME you can't have the CC&Rs superceed Federal law. The paint
color analogy is a poor one because paint color is not regulated by local,
state or Federal law that I am aware of.
As an extreme example, what if your HOA said it was open season on any
senior citizen you encounter in a crosswalk? Wouldn't fly, would it? What
about laws that discriminated based on race or religion?
Also, make sure you're not reading a regulation but ommitting the allowance
based on size or that they aren't simply requiring you to file an
application before installation. I can't put up a big aerial on my roof, but
a satellite dish less than 36" is allowable under the provisions of Section
1376 of the California Civil Code.
Finally, here's a clip from the FCC Q&A section mentioned earlier:
Q: What can a local government, association, or consumer do if there is a
dispute over whether a particular restriction is valid?
A: Restrictions that impair installation, maintenance or use of the antennas
covered by the rule are preempted (unenforceable) unless they are no more
burdensome than necessary for the articulated legitimate safety purpose or
for preservation of a designated or eligible historic site or district. If a
person believes a restriction is preempted, but the local government,
community association, or landlord disagrees, either the person or the
restricting entity may file a Petition for Declaratory Ruling with the FCC
or a court of competent jurisdiction. We encourage parties to attempt to
resolve disputes prior to filing a petition. Often calling the FCC for
information about how the rule works and applies in a particular situation
can help to resolve the dispute. If a local government, community
association, or landlord acknowledges that its restriction impairs
installation, maintenance, or use and is preempted under the rule but
believes it can demonstrate "highly specialized or unusual" concerns, the
restricting entity may apply to the Commission for a waiver of the rule.
If it's a safety concern or historic site, fine. Otherwise, it's down to
poker and you guys seem more than willing to fold.
Has your HOA actually called the FCC on the matter as suggested above?
Here's the number (202) 418-7096. Either we're missing some details which
makes the rule allowable(common areas, etc) or someone is violating your
civil rights.
Bob
> -----Original Message-----
> From: Bruce Grodner [mailto:bruceg@htva.net]
> Sent: Tuesday, March 22, 2005 11:37 PM
> To: VOOM@yahoogroups.com
> Subject: Re: [VOOM] Relocation problem
>
>
>
> Bob,
> Because they are a contract between private individuals
> covenants do supercede FCC regs. Zoning laws would not but
> covenants are merely a contract between a group of
> individuals who happen to live in the same subdivision. If
> everyone agrees that there house needs to painted purple
> annually and signs a document to that effect than you are
> leaving yourself open for a lawsuit. Homeowner's
> associations further enforces their position if you've signed
> into one.
> If your town says you can't have a dish because of zoning
> laws then you would have a good legal position to keep your
> dish. The fCC rulings would apply there.
> ----- Original Message -----
> From: "Bob Mankin" <bob@coralfarms.com>
> To: <VOOM@yahoogroups.com>
> Sent: Tuesday, March 22, 2005 1:29 PM
> Subject: RE: [VOOM] Relocation problem
>
>
> >
> >
> > If it's a house and not a condo or townhouse with common walls, etc.
> Federal
> > law allows you up to a 3 ft dish. I don't see how CC&Rs can
> superceed
> > Federal law.
> >
> > Bob
> >
> > > -----Original Message-----
> > > From: Greg Hoffman [mailto:gregh16@yahoo.com]
> > > Sent: Tuesday, March 22, 2005 1:00 PM
> > > To: VOOM@yahoogroups.com
> > > Subject: [VOOM] Relocation problem
> > >
> > >
> > >
> > > I am looking to buy a house in a golf course community. In
> > > reading the covenants they state "no satellite dishes or
> > > antennas". That would mean NO VOOM for me. Is it legal to
> > > force someone to use cable for their TV viewing? Anyone else
> > > have this problem?????
> > >
> > > Any comments would be appreciated.
> > >
> > >
> > >
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