Satellite Dish questions

Started by DavidG45 • 19 replies • 635 views

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DavidG45 (Delaware)
Posts: 994

Posted:

Our Declarations require that satellite dishes not be visible from the street, and not be mounted on the ground. We have owners who want to install a satellite dish but have been told mounting them on the roof will void the roof's warranty. That leaves them with no viable option.

I'm curious to hear how other communities handle satellite dishes.

GregM14 (Washington)
Posts: 81

Posted:

Satellite dishes, by federal law, can be installed pretty much wherever a homeowner wants. I can write a longer explanation, but that's the basic principle of it.

BarbaraT1 (Texas)
Posts: 821

Posted:

The FCC protects an owners right to install "over the air reception devices", which includes satellite dishes.

https://www.fcc.gov/consumers/guides/installing-consumer-owned-antennas-and-satellite-dishes

SheliaH (Indiana)
Posts: 6,964

Posted:

We also have a rule stating the dish can't be installed on the roof, but there are some areas where this can be done. Our newsletter ran an article with photos showing acceptable spots where the dish could be placed. I live in a townhouse community and roofs are part of the community area, which is why they can't go on the roof.

Satellite dishes have been around for a while - are you sure the installer didn't look around for an area that would fit? I would think there are other homes with dishes - what did they do? Maybe these folks are more insistent on the dish being on the roof, although there are other options besides the pole. In which case, they either reconsider those spots or roll the dice on the warranty.

Are you a townhouse community or a single detached home community? Are roofs the owner's responsibility or the association.? If its the association, you can still prohibit installation on the roof because that would be common area, but I don't think you can enact rules that would result in the homeowner jumping through extra hoops or paying more for installation, (according to the FCC rules)t

It may be time for homeowners to consider amending the documents to allow poles and still dictate height and location. Meanwhile, if the documents allow the board to grant exception , consider that

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

LetA (Nevada)
Posts: 2,679

Posted:

We have an abundance of homes with tile roofs, Both satellite companies use eave mount and under mounts and they really do withstand some high winds.

As Others have mentioned, satellite dished are federally protected just like rooftop PV "solar panels" If worse comes down to worse for the person wanting installation, I would suggest a 6' pole buried 3' deep to mount the dish to. Seen a lot of those type installs in the rural settings.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Most of these replies just reiterate that you have to allow for dishes to be installed but it doesn't answer the question can the roof warranty be voided by the contractor or the shingle manufacturer. Does federal law stop them from voiding the warranty? This really doesn't sound like an HOA issue.

DavidG45 (Delaware)
Posts: 994

Posted:

Thanks. Those seem like good alternatives. We have two that currently mounted on the pole as you mentioned. They are on the side of their homes near the front, and both owners also planted some shrubs in front of them. I'm going to assume the dish companies selected the location based on receptions.

I'm leaning towards asking anyone who mounts them within eyesight of the street to provide a letter from the dish company that tells them any other location will not provide adequate receptions.

EricN3 (California)
Posts: 16

Posted:

https://images.search.yahoo.com/search/images;_ylt=Awr9DWsPPOZgwXcAnCyJzbkF;_ylu=c2VjA3NlYXJjaARzbGsDYnV0dG9u;_ylc=X1MDOTYwNjI4NTcEX3IDMgRhY3RuA2NsawRjc3JjcHZpZAN5OVBtY3pFd0xqTGw5NjRKWUxmYkJRWjVNVGN5TGdBQUFBQVoucDJTBGZyA21jYWZlZQRmcjIDc2EtZ3AEZ3ByaWQDcTI1TC43WE1UQ0tTX1pUMmtmQzFOQQRuX3N1Z2cDMQRvcmlnaW4DaW1hZ2VzLnNlYXJjaC55YWhvby5jb20EcG9zAzAEcHFzdHIDBHBxc3RybAMEcXN0cmwDNjcEcXVlcnkDbm9uJTIwcGVuaXRyYWl0aW5nJTIwc2F0JTIwZGlzaCUyMHJvb2YlMjBtb3VudCUyMGRpcmVjdHYlMjBzbGltbGluZQR0X3N0bXADMTYyNTcwMTQxOA--?p=non+penitraiting+sat+dish+roof+mount+directv+slimline&fr=mcafee&fr2=sb-top-images.search&ei=UTF-8&x=wrt&type=E210US714G0
have you tried a non penitraiting roof mount optin at your expense ofcourse for the mount id'e call solid signal... why in the world anyone would want directv with ATT running is beyond me. the CSR'S are ver sub par as well as some of the installers in my area are usless as tits on a bore as far as wanting to do there job!!! had 10 accounts with em within 2 months and wound up telling em to shove there service

MichaelS56 (Minnesota)
Posts: 859

Posted:

In our Association the owners are responsible for their own roofs.

CathyA3 (Ohio)
Posts: 6,299

Posted:

If this is a condo, then the board can prohibit roof installations and make other *reasonable* rules about size, placement, and screening since by definition any installation will be on common elements. But there should be a policy in place so that decisions are made consistently.

Our attorney said that, in a nutshell, we must allow satellite dishes, can't make it unnecessarily difficult for the owner to obtain a signal, but are not required to allow installation in any particular place.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By CathyA3 on 07/08/2021 5:59 AM
If this is a condo, then the board can prohibit roof installations and make other *reasonable* rules about size, placement, and screening since by definition any installation will be on common elements. But there should be a policy in place so that decisions are made consistently.

Our attorney said that, in a nutshell, we must allow satellite dishes, can't make it unnecessarily difficult for the owner to obtain a signal, but are not required to allow installation in any particular place.

This isn't necessarily a warranty issue with the roof, but since the roofs are common elements in a condo and the association is responsible for repairing and maintaining them, it can say no to anything affecting the roof. Our satellite dish policy also states that any homeowner who installs a satellite dish on the roof will be required to remove it and repair the roof at their own expense - if they fail to act within a certain time frame, the association will remove the dish and bill the homeowner for the costs. (And we did exactly that with a couple of homeowners.)

Of course, if you're talking about an HOA with unattached homes that are owned in their entirety by individual homeowners, I don't know why the association would care about roof warranties. The only other I can see would be aesthetics, and I'm not sure that's enough of a reason to prohibit roof installations. Generally federal laws supersede any HOA CC&Rs, and satellite dishes are covered by federal law.

MikeB23 (Louisiana)
Posts: 109

Posted:

HOA can't refuse installation, but in our case our condos are in a Historic District and they don't don't allow antennas. So far they have been successful in enforcing their wishes but don't think anyone has legally challenged them.

KerryL1 (California)
Posts: 14,550

Posted:

Jut a guess, but I'm thinking that federal law takes precedence over a local historical society.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 07/28/2021 8:10 PM
Jut a guess, but I'm thinking that federal law takes precedence over a local historical society.

Now we're guessing?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By MikeB23 on 07/28/2021 5:43 PM
HOA can't refuse installation, but in our case our condos are in a Historic District and they don't don't allow antennas. So far they have been successful in enforcing their wishes but don't think anyone has legally challenged them.

Using the guidelines our attorney gave us, the no-antennas rule may be considered "reasonable" in a historic district but would probably not be in other communities. A community is always allowed to make reasonable rules about dish installations - they just can't make things unreasonably difficult or force owners to jump through unnecessary hoops.

I did some checking and found an article talking about historic towns in Pennsylvania, including Gettysburg. A quote from that article:

"Naugle contacted a representative at the Federal Communications Commission, the entity that regulates satellite dishes in the United States. The commission does not allow municipalities to restrict the use of television dishes except for safety reason or in historic districts, Naugle said.

She indicated that the representative was surprised to learn Gettysburg had not get put any regulations in place for the historic district, Naugle said."

Full article here: https://www.eveningsun.com/story/news/2016/08/10/should-gettysburg-hide-its-satellite-dishes/87539352/

This supports my comment that restrictions that are "reasonable" in historic districts probably won't be in other communities.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By KerryL1 on 07/28/2021 8:10 PM
Jut a guess, but I'm thinking that federal law takes precedence over a local historical society.

Nope it does not. i'm originally from Ohio, there are some cities and suburbs that are sticklers when it comes to antennas, towers and satellite dishes. That's just the not historic designation districts.
From my days working at a retailer that sold satellite dishes before and after PRb-1 & PRB-2 were passed by congress a few suburbs in my area required satellite dishes not be visible from the street and had to be installed at the rear of the home on the ground. This was just the non historic districts.

KerryL1 (California)
Posts: 14,550

Posted:

Whew! Glad I wrote "my guess."

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kerry

I agree with your "guess" and from what I understand an HOA can have a say in placement but if a given placement is the only place to get a signal, the HOA cannot stop t.

BenA2 (Texas)
Posts: 1,273

Posted:

I think it is an oversimplification to say that federal law says you have to allow satellite dishes no matter what. According to the FCC fact sheet, the rule prohibits restrictions that impair a viewer's ability to receive signals.

"A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule."

To me that means you could restrict ground mounting unless they had no reasonable alternative where they could still receive a signal. In the scenario you give, they could still mount it to the side of the house without incurring an unreasonable delay or cost.

BenA2 (Texas)
Posts: 1,273

Posted:

Quote:

Posted By LetA on 07/30/2021 6:42 AM

Posted By KerryL1 on 07/28/2021 8:10 PM
Jut a guess, but I'm thinking that federal law takes precedence over a local historical society.

Federal law indeed trumps all other laws and rules but this federal law makes an exception for historic districts.

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