Satellite TV Dish Placement Language

Started by NpB • 6 replies • 499 views

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NpB (Arizona)
Posts: 605

Posted:

I just read the FCC's website limiting an HOA's ability to restrict the placement of satellite dishes. From my reading, the conclusion is that good reception dictates placement not HOA guidelines. Is language in HOA guidelines stating that the dish should not be visible from the street nor positioned higher than the exterior wall of your lot, unenforceable by FCC rules and therefore moot?

Furthermore, if an owner cannot receive a good signal due to the above restrictions, is an HOA rules requiring a special hearing of the Board prohibited and unenforceable?

GenoS (Florida)
Posts: 4,276

Posted:

I'm fairly certain requiring a special hearing would be held to be an impermissible delay, whether or not it's unreasonable is irrelevant.

I would ditch any language dictating placement. You can suggest and ask nicely, but that's about it. You can't even ask them to fill out any paperwork since that is also considered an impermissible delay.

The satellite-TV industry is unrelenting and their lobbyists bought that FSS OTARD ruling fair and square.

GenoS (Florida)
Posts: 4,276

Posted:

FCC, obviously, not FSS

SheliaH (Indiana)
Posts: 6,964

Posted:

Unless it's changed, I believe the rules state the HOA can't prohibit satellite dishes or require the homeowner to pay more money to install it and they shouldn't have to request permission from the board before installing it. HOWEVER, it can prohibit the dish from being installed in the community common area.

For example, satellite dishes in my community have to face south, but they can't be installed on the roof or siding (I live in a townhouse community). This means the installer has to find another spot, which isn't difficult - we have several homeowners with dishes installed on a pile that's placed on the lawn. Technically the lawns are also common area but that's the only exception because it doesn't interfere with lawncare. Putting it on the roof or siding can result in higher repair bills because the dish may have to be removed.

So, I think the answer to your question may depend on whether the spot is part of the comm area. Otherwise, the rules you state may be unenforceable. There may be information in other parts of the FCC website that address this.

(Eventually this may not be an issue in the coming years because everyone's heading towards streaming and skipping satellite tv. Rural areas may still have access issues depending on how fast 5G and that stuff can be installed).

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 01/21/2020 9:30 AM

HOWEVER, it can prohibit the dish from being installed in the community common area.

Worth Repeating

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By TimB4 on 01/21/2020 10:31 AM

Posted By SheliaH on 01/21/2020 9:30 AM

HOWEVER, it can prohibit the dish from being installed in the community common area.

Worth Repeating

And if you're a condo community, the only place you can install a satellite dish is in the common area (patios and decks are limited common elements in my community, which means legally they are still common elements).

Our attorney said that we can't prohibit installation of the dish, but we can make reasonable rules about location, size and screening. Our only hard and fast rule is no roof installations, and if people ignore this, we make them remove the dish at their expense.

SheliaH (Indiana)
Posts: 6,964

Posted:

Here's something else I learned before I left the board. We have a sign at the entrance to our community which states the installer should call our management company for information on where the sign should be placed, but have told homeowners, it's ultimately their responsibility to ensure the dish isn't installed in the wrong place (because the installers don't always notice the sign). When we had paper newsletters, we even published photos showing places on the building where the dish should be installed. Many of the dishes we have left were placed by one company and I believe our past president called them and later set information specifying where the dishes could and couldn't be placed. Whether they actually paid attention and passed the information to the installers is another story.

In fact, we later found some installers are paid based on how many of these things get installed every day, so it's easier and faster for them to simply put the thing on the roof instead of taking the time to check for a spot that ensures good reception (which is already part of their job!) Otherwise, they'd be late heading to the next paycheck, er, customer.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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