Starting transition, management co & satilite dish oh my...

Started by RickR1 • 11 replies • 1551 views

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RickR1 (California)
Posts: 37

Posted:

Just got elected to the board in our 61 condo community. 35 have been built so the 'power' shift has begun. Here are a few questions about the transition and other issues.

1. The management co has been hired by the developer and we have our first meeting to see who gets to be pres, sect, etc in two weeks. By this time I wanted to email/call the MC to fix a few problems before then. Problems as listed
a. parking issues
b.dog of leash/pooping
3. trash

Do I just contact them to send out letters or a basic letter to all reminding everyone of the CCR's and violations?

2. How long after the transition do we have to use this MC, if we even use one at all. Seems like they don't do a good job as of the moment. They are also a hour+ away.

3. Cable Dish on roof.
About 2 weeks ago, everyone got a letter saying that anyone who pust up a cable dish had to fill out an exterior modification form. I guess there are 5 dishes up on roof tops as we speak. Don't know what this form means but in our CCRs it clearly states no dishes. Is it right to assume that if the MC walked the grounds for violations on a regular basis they would of cought the first dish that was up. From there then it would of been a matter of regulating the rules so #2, 3 & 4 were prevented.

I ask because I believe its a compound problem the new board is left with. Problem is not so much the dishes mounted to the sides of the rafters, (not a lot of harm but maybe visually it is) but the ones on the roof. The installers drilled through the roof and that opens up a can of problems dealing with warranty issues, definate leaking problems and more. Is it the owners responsibility or a lack of enforcing after the fact? Do we have a leg to stand on for action towards the MC?

4. At the elections, 5 people were voted on the board. How does the board decide who gets to be the prez, vice prez, sect, etc. By the most votes?

Thanks for any info on these subjects.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

RickR1,

1. Until your officer roll is decided by the Board as a group, I would not do anything more than prepare a list of the items you feel should be on the Board's and a solution to each that is in compliance with your cc&r's/governing documents.

2. Until the developer is off the board, you will probably be stuck with their employee - the MC. Your budget currently covers the cost of the MC, I suggest using one that is close to your community vs. not using one at all. A good MC is the heart of a successful association. In preparation of eventually switching MC's now is the time for the Board begin building a library of association records.

Check your governing documents because the developer probably retains right of veto, regardless as to how many owners vs. developer are on the Board.

3. Cable dishes on roofs are prohibited by your cc&r's. The roofs, and roof components are a Common Element. All 61 owners fund the repair and maintenance of the roofs. Installation happened on the current MC's watch/developer's employee. Unacceptable and IMO suspicious. Document each and every installation and force the MC to send violation letters. Owners are going to claim that removal of dishes is a violation of their rights, which is 100% bull. The FCC allows an association to prohibit installation on roofs if the location is a Common Element. Your association is more than likely required to develop an ADR process (Alternative Dispute Resolution). This is typical of associations and necessary to offer a solution prior to lawsuit for unit owner non-compliance of cc&r's and federal, state, and local laws, ordinances. I do not recommend the ADR committee consist of owners. This presents conflicts.

Do your cc&r's permit installation of satellite dishes on say deck railings? If so, that is what is called an 'Exclusive Use Area' and gives the association more ability to prohibit installation on roofs, too bad if the dish can't face south for reception.

4. The Board has the power and discretion to decide who is officer and who is not. The method IMO is like an interview, i.e. qualifications/experience. Go for President.

Best of success!!
GeraldT1
NNJ

HaroldS (Arizona)
Posts: 906

Posted:

Rick - you face a common problem - the developer not enforcing the CC&Rs because he wants to be a nice guy and sell units. Same with the dishes - he probably approved them in order to make a sale. Now he is dumping the problems on the owners, and you will have to start enforcing violations. It's going to be difficult to deny dishes to others, when so many are already in place. The management company is the developer's - and might even be a subsidiary. You should get your own as soon as possible, and be sure all documents are turned over, including mail forwarding. Harold

RickR1 (California)
Posts: 37

Posted:

Thanks for the replies, guys!

I just took a walk of the 35 units now built and there are about 8 in place but only two stacked next to each other on the roof. White coax cable running down across the roof and to the junction box. ( installer didn't even try to hide the wires)

I think that we would have to allow the cable dishes which are on the fashia but not the ones on the roof.
I'll let the management co handle that one and the best bet would be to mount them on the fashia. I know there now has to be a compromise with the existing dishes and making everyone happy but we need to lay ground rules so the owners don't start following this method:

Break the rules with a violation> Get enough owners to follow along>Board has to allow the infraction or they will make owners unhappy!

What about the problem with the dishes on the roof? Does the owner have to get someone to remove the dish and relocate it, fix the drilling into the roof and whatever needs to be done to remedy the problem?

Harold, what is mail forwarding?

rick

HaroldS (Arizona)
Posts: 906

Posted:

Rick - mail forwarding means that any association mail now going to the current management company be made certain the address is corrected to either your HOA address or your new management company's address. When we fired the builder's management company, no one made the effort to be sure our mailing address was changed. Therefore, our property tax bills (and who knows what else?) continued going to the old management company and they were just tossing them. Nice huh? Frankly I would get a post office box for your HOA just to avoid this problem each time you change management companies. Then you would be certain of getting your mail irregardless. Harold

JamesC (Maryland)
Posts: 282

Posted:

Rick:

Regarding the satellite dishes. The FCC made a critical ruling in 2005. I called and talked to a representive from the FCC because one of the homeowners in our community has three on his house. Two on the roof and one on the side of their home.
I was told we cannot stop the number of dishes unless they are installing more then one to recieve duplicate signals.
Suggest you go into google and search: FCC fact sheet on placement of antennas. Lots of interesting facts.
Part of the FCC ruling is below.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule 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.

Jim

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

RickR1,

As James C evidenced by his sighting the rule regarding satellite dishes, the rule 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.

If the Board as a governing body does not have the guts to enforce the rule, they do so to the detriment of all future modifications that are not in compliance with your cc&r's, and governing documents.

The facia is a common element. Compromise at your own risk.

GeraldT1
NNJ

RyanF1 (California)
Posts: 4

Posted:

Gerald. According to the Telecommunications Act of 1997, no HOA and require you to fill out any form, cause a delay, or deter you from putting up a Dish or wireless broadband connection.

This is Federal Law and has been upheld so many times, I'm surprised anyone is silly enough to even mess with this issue.

Good luck.

BrianB (California)
Posts: 2,820

Posted:

Ryan, that act refers to dishes on YOUR OWN PROPERTY. The act does not mean to allow people to put a dish up anywhere they feel like, on a community clubhouse, community property, etc., which is what is happening here. they are placing a dish on a roof that is not theirs.

RyanF1 (California)
Posts: 4

Posted:

That is correct Brian. Sorry, forgot to mention tha tif you are attempting to place an antenna on anything but your patio, window, etc that is common property, this does not apply.

best.

RickR1 (California)
Posts: 37

Posted:

Thanks again for all of the info. I guess I we have the weigh the fact of getting a handfull of people ( 8 of 36=-25%) pissed off versus our opinion. I definately see damage in not enforcing it from the start too. Judging by some of the posts, do I just sit and wait untill we dole out the positions?
I wan't to put a fire in the pot because its going to start raining here soon. The damage can be controled now, because of leaks from the screws.

rick

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

RyanF1,

100% incorrect. An HOA/COA can, and IMO MUST restrict location on common property.

The broader issue here is that if an owner cannot accept living within an HOA or COA than they should move out.

Good luck to you,
Gerald

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