Rule violating Consumer Right over Satellite Dish?

I would appreciate any advice on this issue.

I disagree with the Board’s recent Rule: No more satellite dish will be permitted to be installed and that owners must use the local cable provider. I feel that is a violation of my consumer rights, particularly when my cable bill with the local cable provider continues to sky rocket. We have some existing satellite dish intermittently installed on the eve of back patios in the back of townhomes.

Further, the new language was never added to the Section for Satellite Dish on the Rules and Regulations published on the website. The Board won’t hold Open Meetings and the members know nothing about the new language.

Today, a new tenant moved in and the satellite dish issue was a disaster with the President still working on it – while they have NO television.

I sent an email to the Board that I feel their new Rule:

* Violates my right as a consumer
* Violates my vested basic rights to purchase this property in a C.I.D.
* The exact language to forbid satellite dish on the property is not updated on the website
*I requested that our HOA Law Attorney rule on the issue if the language violates a member’s consumer right and if the HOA has the legal right to make that rule without publishing the exact language to members

The President just responded in an email to the Board: “ involving counsel and legal authorities in HOA and arguably petty matters is a waste of everyone's time and hurts the credibility of the association which may deter required help when we are truly in need as an association.”

His response was ridiculous about legal counsel and no result. What is my next step? Request the Board to hold a Special Board Meeting to discuss the issue before the members?

Margo,

I forget, are you in a condominium or single family homes?

If in a condo, the Board may be able to adopt the rule if the only way to received satellite reception requires mounting the dish on common elements.

If in single family homes or a condo that does not require mounting a dish on common elements, then the rule is unenforceable. It's unenforceable because the FCC says it is and will fight the fight for the homeowner.

See Over-the-Air Reception Devices (OTARD) Rule from the FCC website.

Let the Board know that the rule is likely in violation of federal regulations which could result in fines, penalties and legal battles with the federal government.

Margo,

If you are in fee simple townhomes and the Association does not take care of the exterior of the home (the building not the grass), then I would think that such a rule would be in violation of FCC regulations.

Additionally, requiring approval prior to installing a satellite dish is not reasonable under OTARD as it delays the installation.

We also live in a fee simple townhome community. The homeowner is solely responsible for everything on the lot (including roof). Our rule is:

ANTENNAS, DISH STYLE:

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.

Tim:
The Declaration states the HOA will replace all Roofs and paint all wood trimming and maintains all landscaping. So, does this make a difference?

Do you mind if I copy your Rules? After I contact the leads provided from the responses, your rules will provide a guide for us.

John:
I didn't post my reply correctly to you.

Thanks for the bottom line; doesn't seem so overwhelming now.

Possibly. If the roofs are considered common elements (typically identified as the roof being one roof for the entire row), then it's possible that the Association can prohibit installation of satellite dishes. However, since they allowed them in the past, this could be seen as the Association being selective and can cause it's own legal issues (by allowing your neighbor to have a dish but not you).

Our town homes were built with staggering setbacks and heights which gives each unit a separate roof. This resulted in being able to have the owner fully responsible for everything on their own home.


Feel free.

you may not mount the dish on a common element

you may mount the dish on your personally owned element
(guidelines for location if acceptable signal can be obtained w/o excessive additional cost are OK)

you may also mount the dish on / within an EXCLUSIVE use common element ( inside your balcony or porch)

the eave of a common element roof (imo) would be an example of a permissible restriction

Well, is it one straight row at the ridge line (the peak of the roof).

If the Association is simply providing a service (as some do with maintaining the front yards but the yard still belongs to the member) in maintaining the roof, then in my opinion the Association may not ban anyone from installing a dish on the roof.

However, if the roof belongs to the Association (which would be determined by your CC&Rs) then the Association could ban mounting dishes on the roof. However, as I pointed out earlier, since they have approved some in the past, to not approve them now could result in legal challenges.

I would argue that if the HOA is responsible for the roof, and regardless if there are some that were installed in the past, you cannot use that as a reason for doing so now. Check your covenants and see if there is a section that states this, just because someone else did it, does not give you or anyone else permission to do so. I would think that is a common section in all CCR's.

Does that stink? yes. Can you do something about it? Yes, this is America where you can sue whomever you wish, for whatever you wish.

When you take the HOA to court because you don't like what they are telling you, I as the defense attorney would show the damage(s) caused by such devices being added to a common area, in this case the roof, and any resulting additional costs that the entire HOA was forced to pay for. And that is not a fair proposition. Why do I have to pay for additional upkeep because another homeowner wanted it?

The roof is a common area and is taken care of by the entire HOA. And one reason for them to say no is because if and when that device is removed, who then would be responsible for patching up the holes it left behind? Typically three of them? Oh sure you as the one who had it installed won't care about that, but then when you move, the new owner will use the common area defense and try to force the HOA to remove and fix.

Thank you Tim, the point is that this a mute point due to federal regs.

Actually, the point is something that we do not know the answer to.

Is the roof considered a common element or not?

The answer to that question should be within the Association governing documents.

That's not true either.

Read the OTARD rules again. Better still, read some of the declaratory rulings. Rules concerning placement that are based on aesthetics are not acceptable to the FCC. The FCC says that if in order to get acceptable reception you must place your satellite dish where the HOA doesn't want it, they must allow it, as long as where it is placed is within your exclusive use area.

Yes, but my statement is still correct. If you cannot get an acceptable signal where the HOA wants you to try first, you can put it where you need to.

I recall reading a ruling where there was such a situation. The HOA wanted a homeowner to move the dish to a preferred location claiming he could get acceptable reception there, but they were unable to prove it, so they lost and the dish stayed where the homeowner installed it.

I thank everyone you for your time, experience and expertise. This has truly been a learning curve to study your individual responses and to read and copy FCC and OTARD regulations to a folder to study.

I learned that in addition to the Rules and Regulations, Architectural Guidelines for Dish Installation per federal guidelines must be posted on the website and available to all owners.

The federal guidelines do permit the HOA’s some leeway, for instance you can’t install a Dish on the Common Areas.

Is the roof a common element? I am not a lawyer and since the Declaration is of no help, I will leave this question to the Board to provide this answer. I feel the Association provides a service to replace the roofs which is paid from member dues allocated to the reserve fund.

The info will be referred to the Board.

Stranger things have happened though, John.
Someone might have thought it was a good idea to fund roofs without them being a common element and everyone thought that was great, and that's just the way it was.
Better check the book to be sure ;-)