Antennas

Started by BW • 4 replies • 1550 views

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BW (Colorado)
Posts: 28

Posted:

My townhome association provides cable conection & we all receive a reduced cable rate. The Association property includes the roofs, exterior walls, balcony pillers,metal railing on balcony and the ground up to the exterior building. Our Declaration prohibits antennas and satalite dishes. Now I hear the FCC has "new" rules concerning "over-the-air" transmittion & the only exclusion is a real safety reason or a historical preservation clause. What should we do? Thank you for all information.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

BW,

For the FCC ruling go to http://www.fcc.gov/mb/facts/otard.html

The FCC 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.

GeraldT1
NNJ

LanceT (Alabama)
Posts: 121

Posted:

The rules have changed for satellite dishes but NOT attennas. Unfornately, many HOA's haven't updated their CC&R's since the new FCC rules have come into effect. The original anti-satellite dishes rules were involving the old kind that were extremely large. The newer satellite dishes are more "hideable" and can be placed in discrete areas. Often times, satellite is the only way to get cable in some areas.
Attenna's are different. They are larger and if they collapse, could damage other houses. Attenna's may even attract lightening if taller than the house. This puts the entire HOA at risk for fires. So attenna's are still a "no-no" for the most part.

Recovering Ex-President of a HOA

GlenL (Ohio)
Posts: 5,491

Posted:

Lance before making a blanket statement that something is not allowed; you might want to actually look at the FCC OTARD ruling which states in part:

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.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. 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.

Studies show that 5 out of 4 people have problems with fractions

BobM5 (California)
Posts: 34

Posted:

In California, according to the Davis-Sterling Act that governs HOA's, a dish is allowed in exclusive use common areas, but may not be attached to railings. If the connection between the dish and the tv requires a hole to be drilled through an exterior wall, the HOA can deny such permission. That pretty much eliminates dishes in CA for those HOA's that don't want them.

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