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Started by ArnieM • 8 replies • 1502 views

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ArnieM
Posts: 3

Posted:

1. Satellite Dishes - Our buildings have individual AC platforms on the roof tops for each unit except for one unit which has its AC on ground level. All roof top platforms are accessed via the owners attic. I believe these are limited common elements. The HOA regs are silent to the ownership. I put a satellite dish on my platform. There are no wires on the outside common areas, as the wire goes directly into my unit from the satellite.

2. We have a current owner who refuses to move personal items she has stacked outside of her garage in the common grounds of the complex. See refuses to move her stuff saying the HOA board is selectively enforcing the rules due to #3 below

3. A couple of summers ago, I personally installed 4 window screens in the upper windows of my unit. We had wasps, bees and mosquitoes entering our unit through the window. I have two young children ages 1 and 4. We have a major issue with mosquitoes in the courtyard where I have windows since it gets little sunlight and is damp often due to the sprinklers feeding the plants. As you know Dallas has had a major issue with West Nile. I am not putting my kids at risk and believe it is my right to be able to open my windows and not have potentially life threatening mosquitoes coming into our unit.

Our board president says the rules are the rules and must always be followed. I believe #2 and #3 are not at all comparable and should be addressed independently from each other. I have also been told not to open my windows.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By ArnieM on 09/23/2013 2:58 PM

All roof top platforms are accessed via the owners attic. I believe these are limited common elements. The HOA regs are silent to the ownership. I put a satellite dish on my platform. There are no wires on the outside common areas, as the wire goes directly into my unit from the satellite.

Who owns the roofs? I suspect that you had to feed the wires through the roof somehow.

Quote:

Posted By ArnieM on 09/23/2013 2:58 PM

2. We have a current owner who refuses to move personal items she has stacked outside of her garage in the common grounds of the complex. See refuses to move her stuff saying the HOA board is selectively enforcing the rules due to #3 below

Boards need to enforce the rules equally on everyone or they run the risk of having an owner claim selective enforcement. If the issue goes as far as a court case, the Judge/Jury will likely do one of the following:

a) Determine that the member is in violation. The Board did use selective enforcement but that doesn't excuse the member from not complying with the covenants and rule on the side of the Association.

b) Determine that the member is in violation. The Board did not use selective enforcement and rule on the side of the Association.

c) Determine that the member is in violation and order that the member bring the issue into compliance. The Board did use selective enforcement and order the Board to enforce that same covenant on others.

d) Determine that the member is in violation. The Board did use selective enforcement and order that the rule may not be enforced unless/until it is enforced on all.

e) Determine that the member is not in violation because the Board is using selective enforcement.

Quote:

Posted By ArnieM on 09/23/2013 2:58 PM

A couple of summers ago, I personally installed 4 window screens in the upper windows of my unit. . . I am not putting my kids at risk and believe it is my right to be able to open my windows and not have potentially life threatening mosquitoes coming into our unit.

I take it that you failed to get prior permission before installing them. If this is the case, you were at fault. It doesn't matter what you believe as what you agreed to would be spelled out in the contract you must comply with (i.e. the CC&Rs).

Now, If other units have screen's on their windows, then the Board should also approve yours (providing you seek approval first). If this is the case, ask permission to install similar screens.

If no other unit has screens and your CC&Rs specify no screens, then that is what you agreed to.

Quote:

Posted By ArnieM on 09/23/2013 2:58 PM

Our board president says the rules are the rules and must always be followed. I believe #2 and #3 are not at all comparable and should be addressed independently from each other. I have also been told not to open my windows.

Well, I do agree with you that the two are not comparable and should be addressed separately. However, if you are the member identified in #2, and leaving stuff in the common area, I would suggest that you bring that issue into compliance first (more flies with honey type of thing).

Again, rules are rules. However, if other members have screens on their windows, you should be allowed to have similar screens on your windows. If no unit has screens then you are not being treated any differently than any other resident.

I know that this might not be what you wanted to hear.
I hope it helps,

Tim

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By TimB4 on 09/23/2013 3:39 PM

Who owns the roofs? I suspect that you had to feed the wires through the roof somehow.

I'm sorry, I hadn't finished my response to this one.

As you said, you "believe" that the platforms are limited common area.
You need to verify what truly is or isn't limited common area. A misunderstanding on this issue will be the difference between if your allowed to mount a satellite dish or not.

Here is a link to the FCC Over-the-Air Reception Devices Rule (OTARD).

I would direct you to their questions section where it says:

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.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Arnie, what is the exact wording about screens in your governing documents?

ArnieM
Posts: 3

Posted:

The wires go directly through the mounting bracket of the satellite, through my AC platform and into my attic area.

The regs don't specfically comment on window screens, but say exterior modifications. The regs are so poorly worded in general, it isn't even funny. I looked at the window tonight and it looks like I can put the screens on the INSIDE of the window....the problem is solved

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By ArnieM on 09/23/2013 6:24 PM
The wires go directly through the mounting bracket of the satellite, through my AC platform and into my attic area.

Through an existing hole or was a new one made to run the wires into the attic?

The issue is going to be what is and isn't considered exclusive use common area. This information will be in your governing documents. If the documents are open for interpretation and you and the Board can't agree, the issue will need to be resolved by a third party (typically the courts) which can be expensive for both sides.

Quote:

Posted By ArnieM on 09/23/2013 6:24 PM

The regs don't specfically comment on window screens, but say exterior modifications

Screens would be an exterior modification.

Quote:

Posted By ArnieM on 09/23/2013 6:24 PM

looked at the window tonight and it looks like I can put the screens on the INSIDE of the window....the problem is solved

Well, that depends on the wording of your governing documents. Some Associations governing documents address window treatments. If yours do, then it can still be an issue.

I'd suggest to try and reach a compromise with the Association and bring the issue to the entire board rather than just one member of the board.

ArnieM
Posts: 3

Posted:

To give you an idea of how poorly managed our HOA was prior to my arrival, it was the HOA's view that if the roof leaked...the unlucky person that got water into their unit had to foot the bill....and we were getting completely ripped off by Associa.....

TimB4 (Tennessee)
Posts: 21,062

Posted:

Arnie,

Your post count indicates zero. This may be a glitch in the system or it can indicate that you have cancelled your account on this forum.

Are you still a member of the forum?

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

We're a high rise and our CC&Rs state that exterior screens aren't permitted.

The developer didn't include any screens. Many, many of us have had screens installed inside the pop-out windows. They're the "vanishing" type that roll up inside a container at the top of the window.

Though we don't have many mosquitos here unless it's humid, which isn't common, lower floor units can get flies and even higher units get bees.

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