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RobertC13 (Tennessee)
Posts: 3
Posted:
In Nashville, Commcast is our cable service and our condo is wired for it. Last year, AT&T got into the competitor business. However, it requires a small dish.
Is there any federal or other provision regarding whether a board would be compelled to allow installation/placement of one of those small dishes, on roof or elsewhere?
Robert in Nashvlle
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,

Because your HOA provides the cable service, which is probably included in your dues, any service that you opt for additionally, will be your full responsibility. The HOA signs a contract for the entire developement, including your home, so if you want other service, you will pay for that seperately. Your documents will state that somewhere. You do not have the ability to bill or expect reimbursement for any change in your individual service. Sorry, but that's the way they word the contracts with the cable company.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sorry Robert,

I gave you more answer than you were looking for. The FCC has laws that prevents a HOA from dissallowing installation of dishes. What the HOA can do is to direct where you can install the dish. Because of being in a condo. anything outside of your individual unit is common element or common property, the HOA can restrict use of that area for the installation of your dish.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I'm confused by your answer, Donna.

Maybe I misread RobertC's question.

It seems to me he's asking if the board can be compelled to allow him to install the small dish anywhere (the roof preferably).

I did not get the impression he was asking that the HOA be required or compelled to pay for the service.

I don't believe the HOA can prevent him from obtaining service from AT&T and/or installing a dish for reception.

But others more knowledgeable about dishes and what HOAs can and can't restrict concerning them may need to weigh in.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Opps.

Sorry, Donna!

Looks like you were replying to the question while I was posting my confuzzled post!

DonnaS (Tennessee)
Posts: 5,671
Posted:

Michelle,

I BAD!!!. Last night, some neighbors were in this very discussion about the HOA reimbursing them for something that they basically had no right to change in the first place. So, my brain only read certain words of Robert's post. Anger flared up and obscured my vision. Sorry Robert

EllieD (Vermont)
Posts: 446
Posted:
RobertC13, Yes, there are Federal FCC regulations. The OTARD rules (Over the Air Reception Device rules). Here are a couple of sites that you can start with. Be sure to look for the specific rules that apply to Condominiums.

http://www.fcc.gov/mb/facts/otard.html
http://axrn.com/FCC%20OTARD%20RULES.pdf

GlenL (Ohio)
Posts: 5,491
Posted:
If the roof is a common element then no.

Q: Whose antenna restrictions are prohibited?

A: The rule applies to restrictions imposed by local governments, including zoning, land-use or building regulations; by homeowner, townhome, condominium or cooperative association rules, including deed restrictions, covenants, by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease restrictions. The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest and exclusive use or control.

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: 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. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.

Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.

Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?

A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule. This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.

Q: Does the rule apply to residents of rental property?

A: Yes. Effective January 22, 1999, renters may install antennas within their leasehold, which means inside the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces. For rented single family homes or manufactured homes which sit on rented property, these areas include the home itself and patios, yards, gardens or other similar areas. If renters do not have access to these outside areas, the tenant may install the antenna inside the rental unit. Renters are not required to obtain the consent of the landlord prior to installing an antenna in these areas. The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. Generally, balconies or patios that are shared with other people or are accessible from other units are not considered to be exclusive use areas.

Q: Are there restrictions that may be placed on residents of rental property?

A: Yes. A restriction necessary to prevent damage to leased property may be reasonable. For example, tenants could be prohibited from drilling holes through exterior walls or through the roof. However, a restriction designed to prevent ordinary wear and tear (e.g., marks, scratches, and minor damage to carpets, walls and draperies) would likely not be reasonable provided the antenna is installed wholly within the antenna user's own exclusive use area. In addition, rental property is subject to the same protection and exceptions to the rule as owned property. Thus, a landlord may impose other types of restrictions that do not impair installation, maintenance or use under the rule. The landlord may also impose restrictions necessary for safety or historic preservation.

Q: If I live in a condominium, cooperative, or other type of residence where certain areas have been designated as "common," do these rules apply to me?

A: The rules apply to residents of these types of buildings, but the rules do not permit you to install an antenna on a common area, such as a walkway, hallway, community garden, exterior wall or the roof. However, you may install the antenna wholly within a balcony, deck, patio, or other area where you have exclusive use.

Drilling through an exterior wall, e.g. to run the cable from the patio into the unit, is generally not within the protection of the rule because the exterior wall is generally a common element. You may wish to check with your retailer or installer for advice on how to install the antenna without drilling a hole. Alternatively, your landlord or association may grant permission for you to drill such a hole. The Commission's rules generally do not cover installations if you drill through a common element.

Studies show that 5 out of 4 people have problems with fractions
AnnaD2 (Florida)
Posts: 960
Posted:
Leave it to Glenn to ALWAYS post/publish all the information people need.

As always, thank you Glen!
RobertC13 (Tennessee)
Posts: 3
Posted:
Glen and all,

Thanks for all of your informative comments. The other day when I spoke with the AT&T person, they were pitching me the advantages of a cell+net+landline package deal. I I told them that no one here (that I know of) has a dish. But it looks like if I want to pay for it, the HOA would be obliged to let me put one- somewhere.
I will pose this issue for the board. Whether or not I want to carry though with it, looks like the HOA (there are 238 condos here at the Villager) should know the board's position.Thanks everyone!
Robert in Nashville
MaryA1 (Arizona)
Posts: 7,043
Posted:
FYI,

The Otard rule applies to ". . .video antennas icluding direct-to-home satellite dishes that are les than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent intallation, maintenance or use; (2) unreasonably increase the cost of installation maintenance or use; or (3) preclude reception of an acceptable quality signal."
MaryA1 (Arizona)
Posts: 7,043
Posted:
Robert,

The HOA is only "obliged" to allow you to install an antenna on an exclusive use area of your condo. If you do have such an area but cannot receive reception from that area then you will be out of luck! The HOA does NOT have to allow you to install the antenna anywhere else. Only if you reside in a planned community of single family homes is the HOA prohibited from allowing you to install an antenna on any portion of your lot.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By MaryA1 on 01/03/2010 7:01 PM
Robert,

The HOA is only "obliged" to allow you to install an antenna on an exclusive use area of your condo. If you do have such an area but cannot receive reception from that area then you will be out of luck! The HOA does NOT have to allow you to install the antenna anywhere else. Only if you reside in a planned community of single family homes is the HOA prohibited from allowing you to install an antenna on any portion of your lot.

EXACTLY AND PRECISELY CORRECT

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