HOA Antenna/Dish Rules

Hello Everyone. I am trying to find a good rule that has been updated with the FCC OTARD Rule. If you have one please post it. This will be helpful for those that want to change their rules that are reasonable and still protect the interest of the community.

Additionally, I need to know if you can properly ground a dish according the NEC if the dish is not within close proximity to the electrical service connection/grounding electrode system (located at the same place). What is the maximum distance you can run the grouding wire to the electrical service connection/grounding electrode system.

Thanks Gary Moore

GaryM3 - Regarding the FCC ruling, who and what it applies to go to http://www.fcc.gov/mb/facts/otard.html for the FCC ruling

You will learn that the (FCC)rule (that requires reception) does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area.

Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "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.

Additionally there are restrictions requiring that a person not place an antenna within a certain distance from a power line, even if it impairs reception.

As for your question regarding proper distance for grounding wire, sounds more like an electrician could properly answer that.

We recently amended our covenants and the relevant portions for this discussion are:

"DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association, both as may be amended from time to time.

DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may be installed by Owner in a place not visible to the Community, without prior approval from the board. However, should the Owner be unable to receive an acceptable transmission from a non-visible location within the Lot or Villa, a satellite dish or antenna may be erected in an area visible to the community but the Owner must notify the Association in writing, of the location and the reason for the placement. The Board may request said satellite dish or antenna, be screened from view."

Then we amended our ARC Rules on the subject to be:

1). Satellite TV dishes may be installed without ARC application or approval.
2). The HOA requests installation in a location that is not visible from the street.
3). If the satellite TV dish installer determines that only a location visible from the street provides an adequate signal or adequate grounding, the owner must subsequently notify the property manager in writing of this circumstance.

Gerald, yes, but in language even I can understand!

LOL!!

Actually no .. .. .. both are the amended versions:

The first is the amended declaration (e.g. covenants) whereas the second is the amended ARC Rules as established by the Board of Directors.

The right to have a satellite TV dish on one's place of domicile stems from a federal mandate issued by The Congress of the United States in October 2006, known as the Telecommunications Act of 1996. It has since been amended a few times, to remain contemporary, but the part that you are looking for is located in Title 47 Section 1.4000. This law only covers tv dishes and nothing in regards to solar paneling. But this too is important.

Please use the following links to read this at the FCC's website:

http://www.fcc.gov/mb/facts/otard.html

Here are two more links that pertain to this issue, and it's rather interesting:

http://realtytimes.com/rtcpages/20030813_satellite.htm

http://realtytimes.com/rtapages/20041228_dishrestrictions.htm

All in all, the bottom line is that federal law simply trumps whatever rules a HOA or landlord may have established.

Regards,