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SusanK5 (Utah)
Posts: 30
Posted:
(12) Aerials, Antennas, and Satellite Systems. Antennas and satellite dishes shall be prohibited within the Property, except
(a) antennas or satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter or diagonal measurement;
(b) antennas or satellite dishes designed to receive video programming services via multipoint distribution services which are one meter or less in diameter or diagonal measurement; or
(c) antennas or satellite dishes designed to receive television broadcast signals
(“Permitted Devices”) shall be permitted, provided that any such Permitted Device is: (1) located in the attic, crawl
space, garage, or other interior spaces of the Unit or another approved structure on the Property, so as not to be visible from outside the Unit or other structure; and (2) attached to or mounted in the Limited Common Area immediately adjacent to the Unit, such as a balcony, deck or patio in the rear of the building, and extending no higher than the eaves of that portion of the roof of the Unit directly in front of such antenna. The Management Committee may adopt rules establishing a preferred hierarchy of alternative locations and requiring screening of all
Permitted Devices, so long as such rules do not unreasonably increase the cost of installation, maintenance, or use of the Permitted Device in the authorized areas.

This is directly from our CC&Rs and I would like to know if we have the right to have homeowners install a dish of the proper size out of sight? We are not trying to be arbitrary...the HOA pays for basic cable through Comcast and the homeowner can expand it at very little cost. It is just that our condo bldgs are three stories high and if every homeowner installs a dish on their patio it is unsightly to say the least. Please give me your opinions.
Thanks
SureshD
Posts: 268
Posted:
A simple Google search on the subject and FCC regulations will reveal the limitations any deed or covenant can impose upon direct satellite broadcast dish useage. They will "trump" your docs. in some cases.

Of course you can devise general guidelines but if the "out of sight" restriction you wish impedes on the antenna's effectiveness there is little you can do.

Each unit may have a different exposure to the satellite signal so it is unlikely that all units may be able to meet your desires.

Treat each case as an individual one but realize there may be situations beyond your "total" control.
GlenL (Ohio)
Posts: 5,491
Posted:
As Suresh stated Federal Regulations trump your documents, however as a condo you have more control over the matter as to where antennas or dishes may be attached. However I do not think you can prohibit them on exclusive use patios or balconies. (Bold by me)

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").

The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less 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 installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

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.

Read the whole thing here: http://www.fcc.gov/mb/facts/otard.html

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