Satellite restriction HOA

[comfortably_numb]

Back in 1999, when I lived in off-campus housing at Wright State University in Dayton, Ohio, I wanted to put up my first Dish Network dish. See the attachments in this post for the hoops they made me jump through. I ended up placing it in between 2 bushes close to the ground. All things considered, the policy is actually pretty generous considering it allows up to 1 meter dishes. The 90cm KU band dish I use now for FTA is smaller than that.

 

[rexlan]

Respectively disagree:

I lived in an HOA in Port Charlotte and had an issue about grass on a fence that the neighbor built right smack on the property line and then did not cut. HOA sent me several nasty letters and then threatened a fine.

I went to a meeting and got right in the managers face and gave him a piece of my mind and ate is arse to the bone publicly. NEVER had another issue and they finally did the right thing and made the people next door trim THEIR fence.

These folks get out of line and of course there is always a good sprinkling of do-gooders and what we call the HOA Nazis with nothing better to do than complain.

I do not think they have any rights and so long as the wall is properly repaired when OP vacates they have nothing to say - just like a landlord.

This sure says it all .................

The rule (47 C.F.R. Section 1.4000) prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming.

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.

Not particularly good advice unless you want to be the target of them checking on every rule possible against you. You are assuming he is doing something against what the board or even community wants, we don't know that.
From what I am reading they are within their rights to say nothing attached to wall or rail. Claude gave the best advice.

 

[Tampa8]

Respectively disagree:

I lived in an HOA in Port Charlotte and had an issue about grass on a fence that the neighbor built right smack on the property line and then did not cut. HOA sent me several nasty letters and then threatened a fine.

I went to a meeting and got right in the managers face and gave him a piece of my mind and ate is arse to the bone publicly. NEVER had another issue and they finally did the right thing and made the people next door trim THEIR fence.

These folks get out of line and of course there is always a good sprinkling of do-gooders and what we call the HOA Nazis with nothing better to do than complain.

I do not think they have any rights and so long as the wall is properly repaired when OP vacates they have nothing to say - just like a landlord.

This sure says it all .................

The rule (47 C.F.R. Section 1.4000) prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming.

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.

All I can say is you are wrong twice here. First you are comparing two extremely different things, attaching things to a structure and grass on a fence are not the same. If the grass is not yours and you can support your argument then of course don't let them push you around. But that brigs me to #2.
You keep referencing those rules but you don't include what common areas means which is maybe the most important thing to understand. It has been long established walls and railings can be determined to be not in your control and/or not part of your ownership. If you get in their face because you think you have the right to attach a satellite dish to a wall or railing on your balcony you have to be able to back that up. If their rules say no as I said that has long been established to be legal.

"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." MY NOTE - a railing can be an exterior wall.

"Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety." MY NOTE - not allowing attachment to a railing may be considered a safety reason - Very likely agreement to own or rent talks about not leaning on the railing and may talk about not Attaching things.

"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."

 

[Phalaenopsis]

Sorry that was over 10 years ago the trick is not to make it look like a dish from a distance

TV Dish Disguises: 6 Stealthily Camouflaged Satellite Dishes

Grayd, how do they make the dishes be without feed supports? Are they internal?

 

[rexlan]

My example was just to illustrate how I dealt with a rogue association manager.

You may be correct which effectively means that 47 C.F.R. Section 1.4000 is not worth the paper it is written on and there is no such thing as a balcony in your control - or anyon's control.

All I can say is you are wrong twice here. First you are comparing two extremely different things, attaching things to a structure and grass on a fence are not the same. If the grass is not yours and you can support your argument then of course don't let them push you around. But that brigs me to #2.
You keep referencing those rules but you don't include what common areas means which is maybe the most important thing to understand. It has been long established walls and railings can be determined to be not in your control and/or not part of your ownership. If you get in their face because you think you have the right to attach a satellite dish to a wall or railing on your balcony you have to be able to back that up. If their rules say no as I said that has long been established to be legal.

"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." MY NOTE - a railing can be an exterior wall.

"Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety." MY NOTE - not allowing attachment to a railing may be considered a safety reason - Very likely agreement to own or rent talks about not leaning on the railing and may talk about not Attaching things.

"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."

 

[Tampa8]

My example was just to illustrate how I dealt with a rogue association manager.

You may be correct which effectively means that 47 C.F.R. Section 1.4000 is not worth the paper it is written on and there is no such thing as a balcony in your control - or anyon's control.

There is if you understand the rules. Claude in his post nailed it.
There are ways to mount a dish without drilling or using the railing. The balcony would be in your control, the walls are not. Then it is up to the rules of where you live if they let you attach to the walls or railing or not. No FCC rule is going to mandate that you can drill holes in a building, floor etc.

There are some more unconventional ways to possibly accomplish installing. Here I know of one complex (could be more I don't know about) that put in the HOA rules holes can be drilled on the balcony wall. You must pay for and use their installer to drill the holes, and pay deposit to cover fixing the holes upon selling or if renting ending rent. For someone like me if I had to do that small price to pay to keep DISH if I wanted the more traditional install.

 

[navychop]

I believe I paid a premium for my current home because it was NOT in an HOA.

Where I previously lived, I was on the HOA for self protection. Before I joined, they discovered the president had moved away but kept on as the HOA Nazi. Caused a legal mess about all actions taken after she moved away. Glad it was all done by the time I joined.

 

[ChadT41]

What about walls interior to the balcony? Where does that fall? If they consider the balcony a wall, that is fine and dandy, but everything within that balcony “wall” should be treated as all other interior walls at that point.

 

[(((Garyd)))]

Grayd, how do they make the dishes be without feed supports? Are they internal?

It will work this way, and yes lots of fake plastic vines all around the feed support and just paint the dish dull black
Upside down Dish!

 

[Phalaenopsis]

I know, I have a inverted dish Network 1000 @97w.

 

[Phalaenopsis]

It will work this way, and yes lots of fake plastic vines all around the feed support and just paint the dish dull black
Upside down Dish!

I meant the square dish from that website how does that work?

 

[Tampa8]

What about walls interior to the balcony? Where does that fall? If they consider the balcony a wall, that is fine and dandy, but everything within that balcony “wall” should be treated as all other interior walls at that point.

All walls outside the finished living space are exterior, the balcony is exterior and not a finished living space it is an outdoor space no different than a patio area. If there is a hallway to get to your condo/apt that wall is exterior to your finished living space.
It is likely at least in recent agreements that while that space is only for your use (Not a common area) it is clearly defined and what use it can have. (Such as no barbecue allowed not even stored, possibly no sleeping of guests on it, no bike storage, whatever...)

In Florida the railing is a generally considered the responsibility of the HOA and they are responsible for it's upkeep. Thus one way for them to deny attaching anything to it. Much of who has what right regarding balconies was brought to light after damage from Hurricanes. Generally, a sliding glass door or windows to a balcony are the responsibility of the owner of the condo. Again generally all structural components are the responsibility of the HOA just as the rest of the outside of the building.

 

[Neophyte06]

Documentation DISH provides for technicians to provide to customers. Believe it or not HOAs do not have unlimited power.

 

[Tampa8]

**SIGH** A simple synopsis of the law. Changes nothing of what I posted, though they do include the pivot issue.
"Placement of a dish is wholly within the user’s exclusive use area" Attaching to wall or railing would not be or at least potentially may not be wholly within the user's exclusive area. No one is disputing you can put it in the area you only control. People unfortunately do not understand what that means and that's the problem. So if you are going to not totally use your exclusive use location then yes you will need permission and follow what ever rules they want.

 

[Neophyte06]

Not sure if I shared that filf correctly. Here's an open PDF download from my drive.

 

[Hall]

I meant the square dish from that website how does that work?

That's an OTA-type antenna, not a satellite dish, I believe.

 

[Phalaenopsis]

No, I think it’s a satellite for BSB or whatever that service is or was

 

[rexlan]

That's an OTA-type antenna, not a satellite dish, I believe.

It is for a satellite dish

 

[rexlan]

All walls outside the finished living space are exterior, the balcony is exterior and not a finished living space it is an outdoor space no different than a patio area. If there is a hallway to get to your condo/apt that wall is exterior to your finished living space.
It is likely at least in recent agreements that while that space is only for your use (Not a common area) it is clearly defined and what use it can have. (Such as no barbecue allowed not even stored, possibly no sleeping of guests on it, no bike storage, whatever...)

In Florida the railing is a generally considered the responsibility of the HOA and they are responsible for it's upkeep. Thus one way for them to deny attaching anything to it. Much of who has what right regarding balconies was brought to light after damage from Hurricanes. Generally, a sliding glass door or windows to a balcony are the responsibility of the owner of the condo. Again generally all structural components are the responsibility of the HOA just as the rest of the outside of the building.

Your own argument is self defeating and comparing a private balcony to a public hallway is a real stretch. As I said, if your definition is correct then there is ZERO - NONE - NOTHING in one's exclusive control therefore no need for the law at all. In fact, the floor is structural as most of these are dependent on the one below so you can't stand on the floor or sit anything on it either for fear of safety and property damage. I recon you can take it to any extreme you want.

The law likely came about because of situation exactly like this. What I "think" has happened is we got a new sheriff in town with an attitude who wants to flex some muscle. A good square kick in the marbles - in public - will likely do the job and get it squared away pronto.

OP has had this for decades without issue so what has changed beside nothing? Some HOA's even require tiled roof in Florida. How stupid is that with hurricanes? Punta Gorda being one and they almost had a hit last year with Maria.

 

[comfortably_numb]

It is for a satellite dish