FCC rulings

Started by BarbaraS • 11 replies • 1600 views

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BarbaraS (New Mexico)
Posts: 49

Posted:

Thanks to all for input on my query on covenants. This site has been invaluable to our HOA. Our BOD (I am co-chair) is in the process of amending a 20-year old covenant which prohibts "any radio or TV antenna on the units". (Our town homes were all equipped with underground cable access.) Several small TV dishes have already been put up, which no one to this point has objected to - thinking I suppose we must keep up with the times. One director said that according to the FCC, we cannot prohibit radio or other antenna on the outside of the units. (He has a TV antenna on his roof to draw in local channels) Does anybody have input on this? May the present membership revise the covenant, prohibiting outdoor radio and TV antennas (since indoor can provide local reception) and limiting the TV dishes to residential size of 18"? The point was brought up that both radio and local TV can be accessed through indoor antenna/"rabbit ears" if one does not want to subscribe to cable TV.

DwightT (Idaho)
Posts: 664

Posted:

Your director is semi-correct. See the FCC fact sheet at http://www.fcc.gov/mb/facts/otard.html
Basically, you can't enforce any rules that would prevent somebody from receiving the signal or would cause unnecessary expense. As long as the signals can be received by an indoor antenna, you might be able to restrict the antenna from being mounted outside. But since satellite signals cannot be received by an indoor antenna, you have to allow it (the rule applies to dishes that are less than 1 meter (39.7") in diameter). It might get kind of sticky for local-channel antennas: you say he should be able to receive the signals with an indoor antenna, he claims that in his unit he can't. Could get expensive to prove who is right.

You can have input as to where the dish is mounted though. Our CC&Rs require a homeowner to get approval from the Architectural Committee before installation and whenever possible the dish must be mounted on the back of the house or on the side under the eaves. Out of 300+ homes there have only been a handful where the front was the only place where they could receive a signal.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

BarbaraS,

The FCC ruling is clear, the rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. 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.

As for limiting the size to 18" that is too restrictive since the law allows for 39.37".

Best of success,
GeraldT1
NNJ

BarbaraS (New Mexico)
Posts: 49

Posted:

Thanks for your replay - great help as I sit here typing away. I don't know what we'd do without this site! Now-- what about radio antennas?

BrianB (California)
Posts: 2,820

Posted:

great advice from the other two:

in plain terms, you must allow reasonable access to television, through antennaes or satellite dishes. Sizes can be regulated (ie, small dishes are more legally allowed). You do NOT have to allow the placement of antennaes or sattelite dishes on COMMON areas. Owners of private property have rights to place such devices on private property, but the FCC grants no rights to do so on common owned areas.

hoatalk (California)
Posts: 603

Posted:

Search this forum for: satellite

Search box is in the upper right of the forum.

There are lots of discussions on the topic.

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KennyD1 (Texas)
Posts: 51

Posted:

I would like to add to the posting on what we do here at our community. I had the same issue here. And was told by the management company that FCC had these rules, but here is where it get tricky. The homeowner can place thier dish as long as the dish is not in plain view of the streets or comman area. Fine with that, but alot of homeowner don't tell the installer to mount the dish in a location as mention above. Most of them mount nearest to the outlet of the home which most of them is near the meter box on the frontside of the house. The installers don't want to waste cable lines to move the dish to the back of the home. This is going to be an issue at our next meeting.

BillG2 (South Carolina)
Posts: 11

Posted:

you may consider putting ONE
antenna upon roof(if necessary, ground common area may work also) for all residents.since you mentioned town homes, the roofs are common areas, so while the association controls them the association must "permit signal acess".
this would solve both appearance issue and access issue

BillG2 (South Carolina)
Posts: 11

Posted:

good idea,the future "look"of your complex is the issue.going through similar issue at my complex.
the fcc rules that i read a while ago should be brought to your meeting.
the issue the fcc states is that the desired installation that the association wants can not add "UNREASONABLE expense or time" to customer.i capped unreasonable because i read through 50 cases of fcc vs associations on this and other aspects of this issue.
it boiled down to one key few comments by fcc. if association specifies certain specific areas that are reasonable. such as you decribe ,the association wins.
now how to insert your association in between the home owner and installer is the next question.
i believe it can be as simple as requiring owners to notify arb of dish addition .then a arb member can work with installer if necessary at site for your choice of area.
if dish goes up without this process ie.on roof, its a violation to be corrected.
good luck, bill let me know how you do if you would

BarbaraS (New Mexico)
Posts: 49

Posted:

Thank you for your reply. Since our owners are responsible for the upkeep of their own roofs, would the HOA still be able to enforce the FCC rulings?

BillG2 (South Carolina)
Posts: 11

Posted:

barbra, you mention town homes,i assume they are connected.normally town homes are common areas maintained by association.how do you deal with repairs such as reroofing.ie one owner wants a new roof(leaks)and the nexdoor owner doesnt?what do your 'documents say in regards to roofs
(or one wants dark grey and another wants light grey)
bill

BarbaraS (New Mexico)
Posts: 49

Posted:

The ruling that the HOA and installer coordinate makes sense - I suppose depending upon reception - which would get into the deniability of access etc. Our HOA is responsible for the outside and trim of the units. Owners are responsible for the roofs. You've all been very helpful. Most of our unit have gone with the small 18" satellite dishes, ---- but there is always ONE - isn't there?

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