Satellite Notification Form

Started by DorothyO • 11 replies • 2876 views

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DorothyO (Washington)
Posts: 293

Posted:

Does anyone have some type of Satellite Notification Form they have come up with to use when a homeowner wants to install a satellite? The Telecommunications Act of 1995 invalidates our covenant restricting placement and style of satellite dishes. We would like to have a form that outlines that law and the parameters within which the HOA can act to serve the law and the the intent of the original covenant, fully understanding that if the only place for the satellite to go for full reception is the front of the house, we can't do anything about it. We were planning on having something completed by our annual meeting in January but a homeowner has asked yesterday what the covenants say about satellite dishes wanting to install one now. So, my Board scurried a meeting for Friday morning to see if we could come up with a simple form of "expectation." I appreciate any help.

Dorothy

JamesG (Connecticut)
Posts: 83

Posted:

Our community is serviced by cable, so this has not been a real issue for us yet. However, we did get one request that forced us to do a little investigation. Below is what we learned and communicated to the unit owner. He decided not to proceed. I would be interested if anyone sees flaws in this information.

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The FCC has established regulations for the installation of antennas in condominium communities. In simplest terms, the unit owner has the right to install an antenna that is located fully within the exterior spaces that are for the exclusive use of that unit. Within our community, these spaces are referred to as limited common elements. In the case of your unit, these spaces would include the rear patio surface, the side deck surface and railing and the front porch surface. The suitability of these locations for mounting a dish may be limited due to appearance issues or lack of line-of-sight to the satellite. In any case, installation of the dish in these areas does not require permission from the Association nor notice from the unit owner. Such rights however do not extend to any modification of the common elements in order to complete the installation and connection to the interior equipment.

The FCC regulations do not apply to the common elements of the community. However, our Rules (Article II, Section 2.6) permit the installation of a dish on the common elements with the approval of the Board. In this scenario, the Request for Variance process will need to be employed to define the desired modification to the appearance of the common elements and to seek approval from the Board for the installation.

The Association has not adopted specific requirements related to antenna installations. Each case needs to be evaluated based on the necessary location requirements for the antenna to receive a signal. The factors that the Association would consider in approving an installation would include: a) the impact on appearance of the community, b) the required physical modification of the common elements needed to mount the bracket and route the cable to the interior, c) any impact on maintenance of the common elements and d) any impact of safety in regards to the property and the residents. In this context, a location on the street side of a unit would be strongly discouraged and an attachment to the roof would not be approved due to the possibility of roof penetrations producing a water leak.

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

I see a couple of problems with your requirements:

1) "Appearance issues" should not be a requirement and would be a violation of the OTARD ruling. If the only place where the antenna can be mounted might be a location that the BOD feels would detract from the aesthetic values of the community the antenna must still be allowed. The board cannot make a requirement that would violate the OTARD ruling. Of course this only applies to mounting in a limited common element.
2) The board cannot require prior approval if that would mean delaying the installation or imposing undue costs on the h/o.
3) The installer will determine the most suitable location; the BOD does not have to determine the location best suited to receive a signal.

From the OTARD ruling regarding assn rules for placement preferences: "The residents should comoly with the placement preferences provided the preferred placement does not impose unreasonable delay or expense or preclude receptio of an acceptable quality signal."

Anything that might delay the process or is in violation of the OTARD ruling

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dorothy,

Depending upon whether you live in a planned community of single family homes or a condo the requirements may be different. There are no restrictions that apply to a planned community; the member may install the antenna on any location they choose. However, in a condo the member is limited to installing an antenna on a limited common element. The assn may adopt rules indicating the "preferred" placement; however the rules cannot impose an unreasonable delay or expense or preclude reception of an acceptable quality signal. Requiring prior approval may violate the OTARD ruling.

DorothyO (Washington)
Posts: 293

Posted:

Thank you all for the responses. I have a copy of the act and am know what we can do and can't do. My community consists of 41 individual homes. We are not a condo community. What I would like is a form that will offer a brief explanation of the law and what we are allowed to ask of our homeowners when they are considering receiving satellite service. I was wondering if any of the HOA Talk members have one they use in their community. My Board and I will develop one at our at our meeting tomorrow but I was hoping for a template to refer to. Thank you!

Dorothy

BrianB (California)
Posts: 2,820

Posted:

i think James provided a good solid start. Mary added some good ideas to use as well. take those and steal with pride.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dorothy,

Here's how my assn's satellite "rule" reads:

"The Telecommunications Act of 1996 preempts certain assn restrictions on satellite dishes that are one meter (39.37") or less in diameter. This type of satellite dish CANNOT BE PROHIBITED, but reasonable restrictions on location and installation requirements are permitted as long as these restrictions do not cause unreasonable expense or delay."

State your restrictions

"Antennas and satellite dishes larger than one meter in diameter are not covered by the Telecommunications Act of 1996. These satellite dishes still require prior written approval of the Architectural Committee before installation. Please refer to Architectural Guidelines XXXX for more information."

DorothyO (Washington)
Posts: 293

Posted:

Mary,
Once again you have given me exactly what I needed. You are a gem! I've not been to the site for awhile but thankful you are still here. I have one other question. Is there an actual form to complement this rule, and if so, do you have the homeowner get the satellite installers signature confirming the placement of the dish for the best quality? In other words, what prevents a homeowner from saying the only place she can put the dish is on the front of the house? Or smack dab in the middle of the backyard with no landscaping for coverage? In my opinion, I wouldn't think getting an installer's signature at the time of service would create an "unreasonable delay," and certainly no expense.

Dorothy

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dorothy,

My A/C committee uses the same "Architectural Change Request" form for all types of requests. See below for a sample.

I'm not sure what my BOD does, but I would think you could write in the rule that the h/o should get the installer's sig indicating the placement is the best location to receive the best reception. Then, IF there were any questions the board could ask to see this document. That way there would be no undue delay or extra expense involved.

Sample Architectural Change Request:

Name,address, phone #, lot# and email of h/o

Description of request in detail (use additional sheets and drawings if necessary): (provide several lines for this)

Work to be performed by:

Submit this request to:

The Homeowner agrees to maintain the improvement if approved by the BOD oo their duly appointed representative. If, in the view of the BOD, the improvement is not being maintained, the Assn has the right to remove or maintain the improvement with the h/o bearing all costs. The h/o agrees to comply with all city, county and state laws and obtain all necessary permits.

Date and Signature of h/o

---------------------
The above described architectural change is:

______Approved ______Disapproved
______Approved subject to the following conditions:

Date and signature of board member

This chages is to be completed within 60 days from date of approval (bold and in large type)

Disclaimer: Neither the Architectural Review Committee, BOD, nor HOA shall assume any liability in connection with or related to approved or disapproved improvements. An approved submittal does not in any way constitute an approval of the structural integrity of the improvement nor its effect upon the existing structure and landscaping drainage.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Dorthy,

We don't use a notification form. However, we are in the process of rewriting our guidelines concerning satellite dishes so it complies with the rules. The association, as allowed by the FCC regulation, is providing a list of locations in order of precedence that need to be looked at for mounting. The rewrite reads as follows:

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.

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 not detract from the appearance of the property or community.

We have also included a link to the ruling on our website so the membership may read it for themselves. Hope this helps,

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tim,

Your rule sounds fine except that I would suggest you include the statement that is in my assn's rule:

"This type of satellite dish CANNOT BE PROHIBITED, but reasonable restrictions on location and installation requirements are permitted as long as these restrictions do not cause unreasonable expense or delay."

The FCC rule even says that residents should comply with placement restrictions provided they do NOT cause unreasonable expense or delay. Frankly, I think it best to include that in your rule. And to make certain there is no unreasonable delay, the BOD should not require that any info (including the statement from the installer) be provided the BOD b/4 the dish can be installed as that could be claimed to be an unreasonable delay.

TomM15 (South Carolina)
Posts: 8

Posted:

I'm looking for the same type of form to use as a template. I found this is a good start. Satellite Dish policy, Corona Lakewood Homeowners Association. I hope this helps. I'm working on my own HOA policy and will forward it when completed.

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