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Satellite TV dishes part 666(!?)

Started by SheliaH • 14 replies • 1661 views

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SheliaH (Indiana)
Posts: 6,964
Posted:
I'm familiar with the FCC rules and our board has always told homeowners they don't need to submit an exterior change form for Board approval for getting one. The Board has also said the dish can't be installed on the common area, such as the roof or siding. Most people have complied, but lately, a few have popped up on the roof and siding (this after spending thousands of dollars in recent years to replace the siding!)

Apparently, the installers are now saying they won't/can't install the thing anywhere else because the roof is the only place where they can pick up a good signal. In reading up on this, I've seen a few articles that say most installers are paid by the job, not on an hourly basis, so they take the path of least resistance and put the dish on the roof instead of taking the time to find a new location. I've also read that the roof should be the last resort because of the increased risk of ice dams that can ultimately cause roof damage, failure to check the seals can lead to water leakage and more roof damage - and of course, on a really windy day, an old dish can be blown off and hit the ground (or a passerby, someone's car, etc.)

Now the Board is considering a policy to allow roof installation because it seems we're stuck between the FCC rule that says the HOA can't enact a rule that may lead to more installation costs for the homeowner vs. increased risk of roof damage. It has said homeowners will be held responsible for any ensuing roof damage, which is ok, but I'm wondering if we should also consult our insurance company to see what it thinks. Also, would it be a good idea to require the homeowner get something in writing from the installer explaining why the dish couldn't go anywhere else, sending a copy sent to the property manager to put in that homeowner's file (may be helpful if damages show up in the future)?

I did read some old conversations on this site regarding satellite dishes, but most of them dealt with the prior approval issue, so I'm wondering what you think. Any suggestions you may have are welcome!
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM31 (Washington)
Posts: 556
Posted:
In almost all situations, the chance of an ice dam should be unrelated to antennae installations.

Everything is dependent on your roof and building. Too many caveats against good practice installations can act against you.
MarkM31 (Washington)
Posts: 556
Posted:
Where are they installed if not on the common area? On the decks? What if there isn't a line of sight to a satellite from the deck? In many condo's, the deck is in fact a limited use condo area.
EllieD (Vermont)
Posts: 446
Posted:
SheliaH,

You have probably told us before, but I do not remember. Are you organized as a Condominium Association, or as a Home Owner Association? And approximately how many units, buildings?

Thank you.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Y'all need to actually UNDERSTAND the telecommunications act.

Under said act the 'provider' MAY, repeat MAY, bar installation on a 'common element'.

The act only applies to areas under the (exclusive) control of the 'installer'.

eg.

my neighbor and I live in a heavily wooded area

his property has no 'sky access'

mine does

he may NOT install his dish on my property w/o my consent

my neighbor and I live in a hi-rise condo

his unit has a north balcony

my unit has a south balcony

I MAY install a dish on my balcony

he can not get any signal on his balcony

however

he may NOT mount the dish on a common area w/o explicit permission from the owners as represented by the BOD - said withholding well within the law

Read it and weep !
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By SheliaH on 04/04/2015 11:02 AM
The Board has also said the dish can't be installed on the common area, such as the roof or siding.

The FCC rules do not apply to dish antennas that are installed on common areas.

Therefore, the board can enact any kind of restriction or rule it wishes with regard to roofs, which are common areas. The FCC OTARD rules do not cover such installations.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
I just said the same thing
TimB4 (Tennessee)
Posts: 21,059
Posted:
Shelia,

Expecting that the roof is not a common element, this is our Associations policy on dishes:

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.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JohnB26 on 04/04/2015 3:15 PM
I just said the same thing

I know. I just used fewer words.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By TimB4 on 04/04/2015 8:15 PM
Expecting that the roof is not a common element. . .

Didn't she state in the OP that the roof was a common element? If indeed that is the case, the OTARD rules do not apply and no further discussion is needed.
JohnB26 (South Carolina)
Posts: 1,001
Posted:


TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BruceF1 on 04/05/2015 5:40 AM
Posted By TimB4 on 04/04/2015 8:15 PM
Expecting that the roof is not a common element. . .

Didn't she state in the OP that the roof was a common element? If indeed that is the case, the OTARD rules do not apply and no further discussion is needed.

Yep, I missed that part.
SheliaH (Indiana)
Posts: 6,964
Posted:
Thanks everyone!

Tim, thanks for providing your association’s policy – your #3 is exactly what I suggested the board consider in its revised policy. I’ll pass along yours for their review. I think they may discuss this a little more at the next board meeting – we’ll see what happens.

EllieD, we’re a townhouse community and are organized as a HOA. We have 40 buildings (including the clubhouse) and I’m thinking 15-20 have dishes. Of those, there are perhaps 5-7 that have installed them in the wrong area – I suggested to the board that someone should walk around the community to find out how many units have dishes and how many are out of compliance, but got a blank stare (don’t know why – we could always have the community handyman do it or it can be done when the property manager does the spring walk-through)

Mark, some of the homeowners do have the dishes installed on the patios (we don’t have balconies), while others have placed them on the grass. Our lawns are also common area, but I’m not as concerned about those because the majorities are close to the buildings (usually on a pole) and don’t get in the way of our lawn maintenance folks. I’m more concerned about the roof and siding because those repairs are more expensive.
John, you’re right about the common element vs. exclusive element/area – I pointed that out to the board and the response was “well, other communities are allowing roof installation, so we should do the same.” I countered that no one has said if those communities are also townhouse communities and in any case, I could care less about them because I don’t live there.

I also said allowing roof installation is ridiculous because the board also said we’re in a financial pinch and have to postpone virtually all the projects it planned this year to so we can build up the operating fund and reserves {already dangerously low}. As former Board treasurer, I’m well aware of the financial piece, but I don’t understand why they would put the community at risk for more expensive repairs by allowing dishes on the roof. I said that to, and got another blank response.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SheliaH on 04/06/2015 7:20 AM
I suggested to the board that someone should walk around the community to find out how many units have dishes and how many are out of compliance, but got a blank stare (don’t know why – we could always have the community handyman do it or it can be done when the property manager does the spring walk-through)

Or you could do it.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SheliaH on 04/06/2015 7:20 AM
John, you’re right about the common element vs. exclusive element/area – I pointed that out to the board and the response was “well, other communities are allowing roof installation, so we should do the same.” I countered that no one has said if those communities are also townhouse communities and in any case, I could care less about them because I don’t live there.

Remember when you were a kid and tried that on your parents as to why you should be allowed to do something another kid was allowed to do? "Well if Shelia jumped off a bridge, would you jump too?"
Studies show that 5 out of 4 people have problems with fractions

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