Dish Antennas

Started by AlexL1 • 9 replies • 2548 views

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AlexL1 (Florida)
Posts: 305

Posted:

Most all CC&Rs state, of course, that no dish antennas allowed in /on the common area(s). But... I thought that I read (some time ago???) that a PERSON /owner/ could put a dish antena on(for example)the roof of the condo IF it was necessary, for example, for them to ready Russia in view that they are Russian. Placing it in front of the condo... tilting the dish this way and that could not get Russian station so they had to put it on the roof pointing in the other direction which they could not do on the patio, etc etc in front of their respective unit. I was sure that I had read in a STATE STATUTE that in those cases, it couild be done and that state statute overrode the CC&Rs.

PeterD3 (Florida)
Posts: 708

Posted:

If you do a Google or similar search you'll see there is a lot of info. out there for you to research.

Such as this: http://www.fcc.gov/cgb/satellite.html

There is no Fl. state statute or govt. regulation that will give you Carte Blanch.

No one here can give you a go/nogo answer you can bank on due to the infinite variables in play.

You have rights and the HOA or Condo Assn. has rights too so you need to read your docs. and review the FCC regulations.

JamesO4 (California)
Posts: 7

Posted:

You need good legal advice from your law firm.

In general, owners have a lot of rights established by the Federal Tecommunications Act, and an HOA certainly cannot have an outright ban on antennas. That will not stand up in court.

There can be limits on allowing use of common area.

In our condos...we never approve an antenna on the roof. The roofs are flat, we spend a lot of money keeping them in good shape, and the risk of a penetration for an antenna base is too much. BUT, we do find a way for virtually every homeowner who wants a dish to have it. The may involve brackets attached to his balcony or landing railing, and sometimes a post in the ground, close to their front entry.

In Calif, you also have to be wary of Davis/Sterling.

GlenL (Ohio)
Posts: 5,491

Posted:

We allow the H/O to install dishes on their Limited Common Elements but even then because of the orientation of the buildings only half of the H/O can access the satellites; the other half are simply out of luck.

The FCC Fact Sheet on Placement of Antennas specifically mentions that Boards can prohibit instillation on common areas such as roofs. http://www.fcc.gov/mb/facts/otard.html#QA

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.

Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?

A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule. This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.

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EllieD (Vermont)
Posts: 446

Posted:

Alex,

Were you perhaps thinking of State Statutes that overrule the CC&R’s, re the mounting of Solar Panels? There are a few State Statutes, recently enacted (Florida is one), that do that for Solar Devices.

As others have pointed out - Satellite Dish Antenna mounting is covered by Federal FCC adopted rules and are under Title 47 CFR § 1.4000, often referred to as the OTARD rules.

Here are a couple of links: (I see Glen has posted some of the applicable paragraphs).

http://www.fcc.gov/mb/facts/otard.html This “Information Sheet” while dated December 2007 appears to be up-to-date, as the last Relevant Orders and Rules listing (near the end of the document) is dated November 5, 2010.

http://www.fcc.gov/cgb/consumerfacts/consumerdish.html this document appears to be current as of 01/18/11.

FYI - there is another thread on this site “Satellite Dish” with a last posting of 02/23/2011, that you might also be interested in.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Here is a link for FL State Statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL

If you search for "satellite" there is nothing that comes up under Chapters pertaining to Condominiums or HOA's regarding this issue.

So ... there is nothing here that appears to override CCR's.

EllieD (Vermont)
Posts: 446

Posted:

AlexL,

I wonder if you might be recalling something relating to Amateur Radio (Ham Radio) Satellite Dish Antennas?

While the OTARD FCC regulations specifically “exclude” Amateur Dish Antennas – the rules that do apply to Amateur Radio appear to be not much different from the OTARD rules.

Being curious as to your interest – would you be willing to share why you are looking for Dish Antenna rules that override CC&R’s?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

The only info I found that might be close is:

FEDERAL COMMUNICATIONS COMMISSION OTARD FACT SHEET

However it states: "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."

Here is a link:

To the FCC site listing all OTARD listings

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Oops.

That link for the FCC site didn't hold the search info. Therefore, just type OTARD in the search window and you'll get the list I was trying to link to.

Tim

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By JanetB2 on 02/26/2011 8:21 PM
Here is a link for FL State Statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL

If you search for "satellite" there is nothing that comes up under Chapters pertaining to Condominiums or HOA's regarding this issue.

So ... there is nothing here that appears to override CCR's.

It's not a Fl. State Statute it's a Federal Regulation - "47 C.F.R. Section 1.4000"

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