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GlennN (Missouri)
Posts: 22
Posted:
My Condo Association requires me to purchase my dish services through one provider/manufacturer (Dish Network) other companies are not allowed...is that legal?
RwT (Florida)
Posts: 154
Posted:
Glenn,

The answer is yes and no depending on the access you have to the structure(s) of your building where a dish could be mounted.

There is a FCC document describing your rights and that of the condo association.

You'll need to read it and then determine if you have the ability to install your own dish or may be forced to use a 'common' dish and distribution system.

Here's the link:
http://www.fcc.gov/guides/over-air-reception-devices-rule

Know your rights (however diminished they may be).

* Non-Lawyer spokesperson.
GlennN (Missouri)
Posts: 22
Posted:
Sorry I wasn't clear, the Association has a "contract" with Dish Network and won't let me use DirecTV satellite service I just want to know if they can restrict me to a certain provider for the service.
RwT (Florida)
Posts: 154
Posted:
I can give you my OPINION only.

Again yes and no.

Have you read the document?

IF your situation does not provide you a sutable location, as defined in the link I provided as "Exclusive use", and/or access to the southwest horizon, to mount your own dish then the association may have established one or more common locations for dishes to be mounted.

If these established locations are under the exclusive jurisdiction of the Assn. then they likey can deny you (your installer) access and thus limit your options (to be PC).

An excerpt:
"
"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."

Cheers!

* Non-Lawyer spokesperson.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It may not be the HOA's rule on this. You may want to ask the providers. It could be that if there is a contract in place that they can not provide the service. That is what it's like here. We have 2 major cable suppliers. They are "zoned" for only certain areas to offer their services. Some areas you have no choice but to use the 1 cable company. It's because it's their equipment that is installed in that area. They aren't going to let their "competition" use their equipment and then get paid.

So you may want to ask the provider if this is the reason due to the exclusive contract that's in place. The competition could be breaking the law if they were to interfere by providing service. It's NOT the HOA. They just have the signed contract in place. Does your dues cover satellite costs? If not, then they may have the above situation where they signed a contract with that supplier for their equipment.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Glenn

I am not nor do I play a lawyer.

I believe the association cannot limit you if you wish to select another satellite supplier. I also believe they could keep charging you for Dish as they struck a deal for the entire association.
GlennN (Missouri)
Posts: 22
Posted:
Thanks, helped a lot. Next time I'll talk about the $311k embezzlement from our operations manager, the shooting of an owner in the knee by our maintenance supervisor and our, so far, $2 million dollar land remediation assessments, the secret meetings, $50k in overtime for employee's in a year, etc. etc. etc. You thought you had it tough in your Association.
RwT (Florida)
Posts: 154
Posted:
Quote:
Posted By MelissaP1 on 04/11/2014 3:59 PM
It may not be the HOA's rule on this. You may want to ask the providers. It could be that if there is a contract in place that they can not provide the service. That is what it's like here. We have 2 major cable suppliers. They are "zoned" for only certain areas to offer their services. Some areas you have no choice but to use the 1 cable company. It's because it's their equipment that is installed in that area. They aren't going to let their "competition" use their equipment and then get paid.

So you may want to ask the provider if this is the reason due to the exclusive contract that's in place. The competition could be breaking the law if they were to interfere by providing service. It's NOT the HOA. They just have the signed contract in place. Does your dues cover satellite costs? If not, then they may have the above situation where they signed a contract with that supplier for their equipment.

Wrong Melissa!

Satellite signals are line of sight from satellites 22,000 miles above the surface of the earth in geosynchronous orbits. The programming signals are received 'over the air" which is the OTA in OTArd.

There's no preventing the signal from reaching the antenna other than terrestrial objects such as trees, tall buildings in close proximity, or other structures (sometimes rain can cause temporary loss of signal too).

Therefore you cannot prevent someone from receiving these signals by claiming a 'zone'.

There is no legal means for DirecTv or Dish to prevent you from receiving either or both.

Cable service on the otherhand requires dedicated proprietary hardware (cable, fibers, amplifiers, and other distribution hardware to overcome the physics of tethered signals) to be purchased, installed, and maintained at great expense to the provider. Because of this agreements and laws protect that investment to detriment of free enterprise (competition). This is why BIG companies buy smaller ones to gain the rights to their captive consumer base. Fewer choices, higher prices and poor(er) service typically soon follows.

Glenn's problem, if forced into Dish Network, will be one not of provider exclusivity but of circumstance with his condo's construction, features, location, existing infrastructure, BOD, or possibly all.

Cheers!

* Non-Lawyer spokesperson.
GlennN (Missouri)
Posts: 22
Posted:
The BOD requires me to use Dish Network, this stupid place will let me attach it on the side of the building, the roof, deck, patio or a pole in common area almost anywhere I want they just won't let me use DirecTV service and I don't believe they can force me to use a certain carrier. I asked to see the contract with Dish but it's "executive privilege" and won't let me view the document.
RwT (Florida)
Posts: 154
Posted:
Good luck Glenn.

You have the FCC OTARD document.

The "F" is for Federal.

The highest authority in the land.

IF your situation meets those requirements then there is nothing they can do.

They CAN tell you where you can put the equipment but not which provider you can choose.

Why don't you call DirecTv yourself.

They will NOT get involved with any disputes but can inform you that there is no such thing a an exclusive provider if you have the proper conditions/location, etc. to install your OWN or their rented hardware.

It's up to you.

* Non-Lawyer spokesperson.
RwT (Florida)
Posts: 154
Posted:
One more thing...

Your last sentence:

"I asked to see the contract with Dish but it's "executive privilege" and won't let me view the document."

Says it all!

Have you reviewed Missouri's laws to see what rights you may have to view your assn. documents?

Cheers!

* Non-Lawyer spokesperson.
GlennN (Missouri)
Posts: 22
Posted:
I'm familiar with the MO-448, MO-355 and our by-laws but unless I get a lawyer they won't give me the documents, I've been trying since 1/16/2014 just to get a financial statement and information on where $600k in our reserve fund went too. They actually assigned a Director to me but when I start pressing too hard he resigned from the BOD and now I'm having to start over with a new handler who won't give me an answer either. The Association has 6 lawsuits currently going on with land remediation alone (they decided to do the work in-house) so the Association is having to defend the suits and has cost the members close to $300k in legal fees the last 2 years, to add fuel to the fire last years budget was 27.24% short and since all the lawsuits our insurance jumped $70k or 51% over last year. Is there any pro bono lawyers who would file a class action suit for the owners, our Association has a 2 million dollar insurance policy with a 5 million dollar umbrella if that would help. Contact the State Attorney General and suggested getting a private lawyer????? I just don't know what to do next.
GlennN (Missouri)
Posts: 22
Posted:
Thanks everyone and especially RwT.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By GlennN on 04/11/2014 6:46 PM
I'm familiar with the MO-448, MO-355 and our by-laws but unless I get a lawyer they won't give me the documents, I've been trying since 1/16/2014 just to get a financial statement and information on where $600k in our reserve fund went too. They actually assigned a Director to me but when I start pressing too hard he resigned from the BOD and now I'm having to start over with a new handler who won't give me an answer either. The Association has 6 lawsuits currently going on with land remediation alone (they decided to do the work in-house) so the Association is having to defend the suits and has cost the members close to $300k in legal fees the last 2 years, to add fuel to the fire last years budget was 27.24% short and since all the lawsuits our insurance jumped $70k or 51% over last year. Is there any pro bono lawyers who would file a class action suit for the owners, our Association has a 2 million dollar insurance policy with a 5 million dollar umbrella if that would help. Contact the State Attorney General and suggested getting a private lawyer????? I just don't know what to do next.

Since others have addressed your OTARD question, I would like to ask why with all of your allegations of wrongdoing that you have posted haven't your fellow homeowners recalled the Board?

Studies show that 5 out of 4 people have problems with fractions
GlennN (Missouri)
Posts: 22
Posted:
Out of 640 Units, 90% are rented (nightly or long term) and are absentee owners, at the last BOD election 3 people ran plus one incumbent and there were only 140 total votes with close to a hundred as one persons proxies, we don't have an established communication website so if you wanted a recall mailing is real expensive and again no one responds. There's only a handful of owners who live here fulltime, around 30, and most fear legal retaliation. Last July one Director was being considered to be removed by the BOD when he stood up and told them "if you vote me off the Board I will sue all of you individually and I have the 3 million to do it with". I live in an insane asylum. When several owners contacted the AG office he sent a letter back suggesting to get a private lawyer. 2 Operation Mangers ago, our operations manager plead guilty to embezzlement of $311,000, our current Operations Manager was hired without an open job search from the local private resort marina that he has managed for the last 20 years. This could be a reality show here.
GlenL (Ohio)
Posts: 5,491
Posted:
In the immortal words of someone: "Sell and run far, far away."

Studies show that 5 out of 4 people have problems with fractions
GlennN (Missouri)
Posts: 22
Posted:
Painting my unit now for sale but the average days on the market in this complex is over 400 and you can't get any loans due to the lawsuits and the rent ratio, taking an almost 50% hit on the sale price since I purchased it in 2003, what was supposed to be a weekend getaway turned out to be a fulltime nightmare. Anybody want to buy a condo in Midwest-Vegas with 3 nice lakes? I'll owner finance!
JohnB26 (South Carolina)
Posts: 1,569
Posted:
"Far,far away" is not far enough

FAST FAST FAST away would be better
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can always do a "short sale" and get rid of it to an investor. If you can't stand the place that much. You can't really blame the HOA as much as you want to. A HOA is only made up of the owners/neighbors. Blame the HOA, you got to take some of that blame yourself. Vegas area residential sales have been the hardest hit in the US. No one is safe there in real estate. I've looked at the numbers and read the stories. I think Detroit is just slightly worse.

If you thought a HOA was to increase or keep your Home value, it's a typical mistake most people assume. A HOA only keeps your home more ATTRACTIVE to potential buyers. As you have found out, lawsuits, outstanding debt, and rental ratio is what really effects loans and sales. Tough pill to swallow but a pill none the same...

Former HOA President
RwT (Florida)
Posts: 154
Posted:
Quote:
Posted By MelissaP1 on 04/13/2014 9:35 AM
You can always do a "short sale" and get rid of it to an investor. If you can't stand the place that much. You can't really blame the HOA as much as you want to. A HOA is only made up of the owners/neighbors. Blame the HOA, you got to take some of that blame yourself. Vegas area residential sales have been the hardest hit in the US. No one is safe there in real estate. I've looked at the numbers and read the stories. I think Detroit is just slightly worse.

If you thought a HOA was to increase or keep your Home value, it's a typical mistake most people assume. A HOA only keeps your home more ATTRACTIVE to potential buyers. As you have found out, lawsuits, outstanding debt, and rental ratio is what really effects loans and sales. Tough pill to swallow but a pill none the same...

What do you think ..."more ATTRACTIVE to potential buyers" translates to in the marketplace?

It's not a mistake to believe that HOAs help protect and enhance property values.
That's their mission. Though some may be more successful than others.

> https://www.hoa-usa.com/files/documents/HOA_USA_Guide_to_Understanding_Homeowner_Associations.pdf

"The primary purpose of homeowner association is to maintain and enhance property values through enforceing the covenants and maintenance of the common areas"

> http://www.northamptonhoa.com/hoas-purpose-common-misconceptions/

"The goal of a homeowners association is the preservation of property values. It does this by enforcing its governing covenants. It works to ensure all properties are attractive and consistent with each other. Without covenant enforcement, one home left unkempt, can lower the property value of the entire neighborhood.

> http://ahn03.com/romegoldin/item_list.asp?subcat=28&subtitle=Understanding+the+Purpose+of+an+HOA

"Homeowner associations first became popular in the Atlanta area around the 1970s. There were four major reasons for their popularity:
...Homeowners liked the idea that their property values and standard of living would be protected by a set of covenants, which would apply to all residents;..."

> http://blog.hignell.com/hoa-management/?Tag=HOA+Property+Values

"An important role of a homeowners association is to maintain and enhance property values by enforcing neighborhood covenants and maintenance of common areas."

> http://phoenix.about.com/cs/real/a/HOA01.htm

"...HOAs are established to ensure that they [CC&Rs]are adhered to in order to maintain the quality and value of the properties involved."

Cheers!

* Non-Lawyer spokesperson.
GlennN (Missouri)
Posts: 22
Posted:
Sorry Melissa, I wasn't clear I'm in Branson MO which is referred to as Mini-Vegas or Midwest Vegas. Some of our buildings are along Lake Taneycomo which flooded in 2008 and again in 2011 which condemned a building of 4 units and another 14 buildings were undermined by the rushing waters some owners were displaced for 3-4 years and costs have skyrocketed due to in-house management of the land remediation, with no experience, no bids, no transparency and a operations manager who took $311k from our Association by the BOD removing the 2 signature system of signing checks, the BOD didn't order an annual audit for 4 years, didn't pay Federal taxes or real estate taxes on our buildings, borrowed money from the reserve fund without notifying owners and they didn't pay it back with the assessment they charged the members, it goes on and on, I just wish there was an advocate for COA members who get taken advantage with such gross mismanagement, lack of due diligence and fiduciary duty.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sorry to ruin your "Kool-Aid" but none of those articles or opinions fit on an actual home appraisal form. Atleast the last time I checked. What does? What the prices of homes have sold or foreclosed for in the last 6 months within a few mile radius. Location of the property is a factor. Property of similar size and bedroom/baths. It's not if it's in a HOA no matter how well maintained or not it is. Home values are based on REAL numbers not opinion or appearance.

Don't confuse loan rates and availability with home value. We do mention that a HOA with a high rental, lawsuits, or debt collection issues are subject by the federally back type of loans not being offered or higher rates. That is also a HOA appraisal similar to a home appraisal. Lenders like to know the health of a HOA. They do have to factor in dues onto your debt to income ratio among other issues. The riskier the situation the less likely they offer certain loan packages or raise rates if they do lend/refinance.

It is a misnomer that a HOA keeps or maintains home values. That's because HOA's were developed as "sales tools" for the developers to sell their property. What better line than telling potential buyers that they can institute certain rules among each other to keep or maintain their property values? The reality of which doesn't provide for any real numbers or measurement it does.

If you question this, then read your appraisal form for your home. I bet no where on it does it mention how nice your neighbor's houses look, rules being followed, or any other HOA governance. It contains instead actual home related items such as construction materials, size, rooms, and what other homes similar sold for. Matter of fact, just to to Zillow and see it...

Former HOA President
RwT (Florida)
Posts: 154
Posted:


"A HOA only keeps your home more ATTRACTIVE to potential buyers."

MelissaP1

.

* Non-Lawyer spokesperson.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I stand by that statement till proven otherwise. Home VALUE is a measurable thing with REAL numbers. It is based on COMPARIBLE homes sold or foreclosed in a certain location radius.

How does one measure NOT buying a house because you do NOT like the color of the neighbors house or the house? I have not bought a house because hated the wallpaper. Was the house worth less?

Again, a HOA ATTRACTS potential buyers it does NOT maintain or increase home VALUES. Get more buyers for a nice organized neighborhood than one that looks terrible. Does not mean people will buy but it may bring them to the door...

Former HOA President
RichS4 (California)
Posts: 3
Posted:
the airwaves are owned by the people and anyone has a right to put something up to capture a signal. the OTARD rules apply only to certain conditions and an association may impose certain conditions, but must allow the unit to put the dish in an area which has reception if their specified area is not good. the signal from one dish company is different than the signal from another even if both companies carry the exact same channels of programming. therefore you could probably have 2 dishes. even masts are allowed under certain conditions. also, the application of the rules may be different for PUDs and condominiums.
RichS4 (California)
Posts: 3
Posted:
more: therefore i think that the restriction to a certain dish company is not legal. the association may make restrictions on things like exterior wiring, building envelope penetration, dish placement, allowed installation method (free-standing on a weighted base on a roof protection pad or screwed to a wall but not to a roof, professional installation (although this doesn't help in my experience when it comes to following the association specs, and submission of an application form to the association.
GlennN (Missouri)
Posts: 22
Posted:
Thanks RichS4 for the info. I asked the Operations Manager for the contract they have with Dish Network but they won't show it to me????? I think it's time to contact the FCC and file a complaint. I filed a complaint with OSHA on them last year for 6 safety violations and they barley got their hands slapped.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By GlennN on 04/27/2014 3:45 AM
Thanks RichS4 for the info. I asked the Operations Manager for the contract they have with Dish Network but they won't show it to me????? I think it's time to contact the FCC and file a complaint. I filed a complaint with OSHA on them last year for 6 safety violations and they barley got their hands slapped.

The association may not place any restriction which would restrict the programming you wish to receive or results in increased cost PROVIDED you are installing the dish in or on an area to which you have exclusive use. In other words, if you wish to receive a particular channel and it's only available with your selected provider, they can't restrict you. Or, if the provider you choose is less expensive than the provider the association wants you to use, the association cannot restrict you.

HOWEVER -

If they are allowing you to install the dish on a common area, such as the roof of a multiple-unit dwelling, then they can place any restriction on the installation they wish.
GlennN (Missouri)
Posts: 22
Posted:
No apparent restrictions there are dishes everywhere, on the roofs, siding, decks and on poles on common areas, just what provider I can purchase my system from even the contractor, I can get DirecTV cheaper and that was my gripe, they even said I couldn't put the dish on a tripod on my limited common area.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Glenn,

Contact the FCC and consider filing a petition. Then let the FCC contact the Association. Things may or may not change but at least you will get a definitive answer to your question.

See http://www.fcc.gov/guides/over-air-reception-devices-rule
GlennN (Missouri)
Posts: 22
Posted:
Thanks everyone, will do. I get so tired of our Association taking advantage of the owners.
GlennN (Missouri)
Posts: 22
Posted:
The link MikeL13 sent is very informative, it answers a lot of questions.
GlennN (Missouri)
Posts: 22
Posted:
Ooops, the link from TimB4 sent.
GlennN (Missouri)
Posts: 22
Posted:
Can anyone help? I am the first lien holder on a condo in Missouri and I was wondering if the first lien holder has the right to attend the BOD meetings? Nothing in the by-laws except mentions that I'm able to be a proxy holder and have the right to all records, nothing about who can or can't attend a meeting.
GlennN (Missouri)
Posts: 22
Posted:
Can anyone help? I am the first lien holder on a condo in Missouri and I was wondering if the first lien holder has the right to attend the BOD meetings? Nothing in the by-laws except mentions that I'm able to be a proxy holder and have the right to all records, nothing about who can or can't attend a meeting.
KerryL1 (California)
Posts: 14,550
Posted:
You're likely to get better responses if you start a new thread on this completely new subject, Glenn.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By GlenL on 04/12/2014 4:26 AM
In the immortal words of someone: "Sell and run far, far away."

Run fast, far far away.

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