SteveF4 (Colorado)
Posts: 2
Posts: 2
Posted:
Can a person start a petition to overridge the Board Decision as to placement of Saltellite dish location?
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Satellite dish - Overridge Board Decision
Started by SteveF4 • 4 replies • 1581 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
If you are stand alone homes you can pretty much put a dish (up to one meter) anywhere your dish installer says it needs to go. If you are a condo or townhome you cannot install it on common elements i.e. walls or roofs without Board approval.
For a detailed fact sheet see: http://www.fcc.gov/mb/facts/otard.html
For a detailed fact sheet see: http://www.fcc.gov/mb/facts/otard.html
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MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Steve,
An HOA member can start a petition for just about anything but that doesn't mean the board must honor it, unless it is a petition that is outlined in the CCRs or state law. For ex AZ has a recall statute which outlines the procedure for a petition.
As Glen has stated, if you live in a planned community the board cannot deny the installation of a satellite dish antenna on your property. The FCC ruling also applies to condos and townhomes. The BOD also cannot deny the installation of a satellite dish antenna on your limited common area. If the BOD has violated the FCC ruling you don't need a petition to override their decision, instead a complaint can be filed with the FCC. Check out the FCC website (Glen has posted the URL) and either read or download the ruling. The BOD should know exactly what the rule says as they must abide by Federal laws.
An HOA member can start a petition for just about anything but that doesn't mean the board must honor it, unless it is a petition that is outlined in the CCRs or state law. For ex AZ has a recall statute which outlines the procedure for a petition.
As Glen has stated, if you live in a planned community the board cannot deny the installation of a satellite dish antenna on your property. The FCC ruling also applies to condos and townhomes. The BOD also cannot deny the installation of a satellite dish antenna on your limited common area. If the BOD has violated the FCC ruling you don't need a petition to override their decision, instead a complaint can be filed with the FCC. Check out the FCC website (Glen has posted the URL) and either read or download the ruling. The BOD should know exactly what the rule says as they must abide by Federal laws.
SteveF4 (Colorado)
Posts: 2
Posts: 2
Posted:
From Steve:
I live in Colorado and our CCR states that we can't have a satellite dish on the common areas. I have submitted a Design Review Request that would allow me to place a satellite dish on the common area because my unit doesn't face the right direction. You explained that I could place it in the limited common area. Which areas would that cover. Also, the board shared that they would put a pole next to the cable box. However, I explained that the cable box is not located were we could receive a signal. Our CCR stated that with the major of owner's with signature or proxy we could add or change the CCR's. Does that include changing the CCR's regarding the placement of satellite dish if it is not a safety issue?
Thanks.
I live in Colorado and our CCR states that we can't have a satellite dish on the common areas. I have submitted a Design Review Request that would allow me to place a satellite dish on the common area because my unit doesn't face the right direction. You explained that I could place it in the limited common area. Which areas would that cover. Also, the board shared that they would put a pole next to the cable box. However, I explained that the cable box is not located were we could receive a signal. Our CCR stated that with the major of owner's with signature or proxy we could add or change the CCR's. Does that include changing the CCR's regarding the placement of satellite dish if it is not a safety issue?
Thanks.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Steve,
The FCC doesn't care what the HOA allows, they are only concerned if the HOA prohibits something that their ruling allows. The ruling states you cannot place a satellite dish on a common area; however if the board approves this placement then the FCC doesn't care. If the CCRs state where a satellite dish may be installed but the BOD feels this should be changed then an amendment must be called for. As for your limited common areas, only you know where they are. Usually it's a patio, deck, balcony or terrace. BTW, it appears that your BOD is trying to be very accommodating. Count yourself very lucky, many boards would just say an emphatic "no" to placing anything in a common area and wouldn't even think about installing a pole for a member's satellite dish.
The FCC doesn't care what the HOA allows, they are only concerned if the HOA prohibits something that their ruling allows. The ruling states you cannot place a satellite dish on a common area; however if the board approves this placement then the FCC doesn't care. If the CCRs state where a satellite dish may be installed but the BOD feels this should be changed then an amendment must be called for. As for your limited common areas, only you know where they are. Usually it's a patio, deck, balcony or terrace. BTW, it appears that your BOD is trying to be very accommodating. Count yourself very lucky, many boards would just say an emphatic "no" to placing anything in a common area and wouldn't even think about installing a pole for a member's satellite dish.
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