Dish Antennae

Hello All,
Well, I just started as President of the HOA as of last Tuesday and well, had my first "issue" yesterday. I was contacted by a resident who told me there as a neighbor that was having a dish antennae installed right at the very front of the house. Our deed restrictions mention that dish antennae can only be positioned on the side or rear of the house. The spirit of it I'm sure is to cut down on the unsightly look if it. I realize people have the right to gain access to signal, but we also have to maintain continuity with aesthetics of the community. Being at work at the time, I couldn't personally check it out, but didn't want this person to install a dish, then come to find out it's out front and have to reposition it, hence leaving holes/patches in the roof. So I called them and left courteous message that if they indeed were installing a dish, could they have the technicians put it as far back as possible while still being able to receive signal. I also posted a thread on our community's yahoo group in the hopes that this individual would see it and realize action needed to be taken towards the dish tech's (after all, they probably could care less where they put it, they just want signal and then go on to the next home). I worded the post on the community group in an informative manner in general terms so everyone would understand it. The average person doesn't know the deed restrictions inside or out nor have them bookmarked somewhere.

Well, apparently they either heard my message or read my post. When I went home, the dish was in the back-side of the house, not really visible from the street.

Did I do ok? I mean, I was trying to make sure they didn't do any unnecessary damage to their roof. I know I would personally HATE having to reposition a dish and then patch up some holes.......

Sorry for the rambling, but since there's no "HOA directors for Dummies", I have go off the seat of my pants and ask for experience...

Troy

Troy,

If the results of your writting to the owner resulted in a resolution that everyone was okay with, then I say YOU DUN GOOD!. Luckily this owner was willing to compromise.

It might be worthwhile to run a copy of the FCC laws so that you understand the limits that you may impose on future installations. Luckily , he still gets a good signal from further back on his house.

FYI, "HOA Directors For Dummies" is "HOATALK.com

Classic... I like it...................


What is the procedure of these resolutions? Prior to taking on this position, I looked around our neighboring subdivisions and their deed restrictions and noticed resolutions like yours James that were amended to the original deed restrictions? Do these things cost a lot of money to do or are they empowered by the by-laws and what the Board of Directors can do at their discretion? We in our subdivision really need to tailor our deed restrictions to suit us. The developer did nothing by copy/paste from another community. We are about 3 years old...........

Hi Troy,

You need to closely review your legal documents to determine what the Board (Directors) may legally do to establish new rules or regulations. In general the Board can amend the Bylaws and Rules, or establish new ByLaws and Rules. Owners do not need to approve these. The Board must be aware that these changes or additions cannot conflict with the Declaration, however they can serve to clarify the Boards interpretation of the Declaration. If the current Declaration terms do not suit the needs of the community, then they can be amended but only usually after the owners vote (probably need over 67% to pass). Any amendments must be recorded at the Town or City Clerks office.

All the documents have a certain priority in determining decisions. These are:

- Federal Law
- State Law
- City Law
- Declaration
- Bylaws
- Rules

Jim

I was talking in general terms about not being afraid to be sued. It wasn't directed toward the satellite dish issue.

Satellite dishes and other technology issues are often overlooked and not updated in the CC&R's. I often advice people when changing your CC&R's to address future green energies and technology. Most documents were written many years ago when those big ugly satellite dishes that took up a front yard were in style. Those were what are banned in most HOA's and then filtered down to the smaller less intrusive satellites of today. The newer CC&R's probably have limits on locations of these items.

I have talked to our cable companies and explained our situation. Some of them aren't regulated by the FCC believe it or not. They would install cables and leave them lying along the street curbs. It may take several months for them to hire a separate contractor to come bury it. There were no regulations saying they couldn't do this. So it's always good to talk to these companies and do some prevention work.

Thanks Bruce...
I googled the "FCC's OTARD rules" and had some hits. From what I have read, the ulimate ruling is in favor of the homeowner, but the deed restrictions are enforceable if it doesn't compromise signal reception. So, the law does seem to protect the interest of both sides of the issue.

Thanks and chalk this one up for learning something new.............

Troy

If dish does need to be installed in front of unit, can accompanying hardware (converter box and cables) be placed there as well? Seems a bit excessive.

First congrats on working with the homeowner to correct the issue. I wish we had more of that in HOA.

I have been on both sides of this exact issue. I purchased a town home a few years back that had 2 dishes installed. We check with the HOA and they were properly approved. Just after we purchased the home the HOA said we had to move them. We were an end unit those units had fewer options for dish location. The only location that were will to permit had an usable signal as tested/ documented.I am an RF engineer and checked the FCC rules. In that case those rules won and the HOA dropped the issue.

In my current HOA we had a case where a homeowner wanted to install an antenna to receive digital broadcast TV. Just after the conversion. The board disallowed based on aesthetics which I showed they would loose on. Our Lawyer gave the same ruling. Then the board disallowed for "structural" reasons. They lost again.

Troy,

Our Association adopted a policy for Satellite dishes requiring them to be mounted in the rear yard or on the rear half of the roof. If an acceptable signal could not be aquired they could mount it in the side yard or front yard but needed to provide a statement from the installer that an acceptable signal could not be achieved in the other locations.

This way, the Association is able to specify where the dishes can be mounted without violating the OTARD as mounting of the dish isn't prohibited, they are just to try specific locations first.

Tim

It's not that hard to say that an acceptable signal is able to be achieved. However, the Association is not prohibiting that the dish installation or requiring permission from the Association to have it installed. The Association is only requiring notification. It was worded like this in order to comply with the FCC ruling.

Your right, 99% of the homeowners will be reasonable and comply.

Here is a copy of what our policy says:

In accordance with Federal Communications Commissions’ ruling of Over the Air Reception
Devices (OTARD), the following guidelines exist concerning dish style antennas:

Size: Dish size may not exceed 1 meter (39.37") in size.

Location: In order to maintain a colonial style to the property, the Board of Directors
has established a hierarchy of locations when installing dish style antennas to obtain an
acceptable signal quality.

1. Devices shall be installed solely within such individual Lot and shall not be installed on
Common Area, and are to be placed at the rear roof portion or rear yard, or yard area,
within the lot. Ideally, the device should not be visible from the street unless acceptable
signal quality is unavailable.

2. To the maximum extent possible, Devices shall be located in a place shielded from view
when standing on the street and from the view of other lots; provided, however, that
nothing in these Rules would require installation in a location from which an acceptable
quality signal cannot be received. This section does not permit installation on Common
Area, even if an acceptable quality signal cannot be received from the individual Lot.

3. If acceptable signal quality still cannot be obtained dish antennas may be installed within
the front of the property. Notification of this type of installation should be sent to the
ACC along with a statement from the installer that this is the only location that could be
used to receive acceptable signal quality.

4. The Association shall not be required to alter or remove any landscaping on common
property for reception purposes.

No antenna may be mounted on the common areas of the Association.

Cabling: Cables associated with the installation and use of dish style antennas should be
bundled together and, if required to run outside of the home, attached to the home so it does not
detract from the appearance of the property or community.

Installation: Homeowners are responsible for ensuring that antennas are securely
installed and they in no way affect the safety of others.

Bruce,

I did do the initial draft and gladly accepted feedback. It had a few modifications done to it prior to the Board adopting it. Anyone is certainly free to use all or portions of it.

Tim