Need ammo against my condo association when I put up my Direct TV dish... (1 Viewer)

[Dave Dahl]

Hi all,
I have recently aquired my parents old direct tv dish and recievers. I live in a condo the faces out to the west. I am able to aim the dish and get a great signal if I install the dish on the edge of the balcony and turn in 90 degrees to the left.
Aside from my association giving me grief about the dish itself do they have the legal right to force me to take it down becuase it is hanging off the balcony and out over the lawn?
Thanks!
David

 

[CRyan]

As long as you are not defacing the property with screw holes etc., I am pretty certain you are completely within your rights. If it is impossible to place the dish without drilling, you will be SOL if they say no.
Hanging out over the lawn should not be an issue. Someone else will have to correct me if I am wrong on this issue.
C. Ryan
------------------
http://www.elitestoragedesigns.com/RyanOAR.bmp

 

[Jeff Loughridge]

Sorry, duplicate post...
[Edited last by Jeff Loughridge on September 10, 2001 at 07:25 AM]

 

[Jeff Loughridge]

Even if you are a tenant, you can install a dish in an area where you have "exclusive use." That includes a balcony. For more info see: FCC Satellite FAQ
------------------
Jeff Loughridge
Director of Engineering
WPGC/WHFS
Infinity Broadcasting Corp
[email protected]
[Edited last by Jeff Loughridge on September 10, 2001 at 07:39 AM]

 

[Glenn Overholt]

If this a 'condo', then you are the owner, and they can't do squat.
You didn't mention what floor this is on and if there is any possibility that someone walking by could accidently 'bump' into it.
Glenn

 

[Wayne Bundrick]

I think you have to make sure no part of the dish hangs over the edge of the balcony so they can't say it could fall on someone.

 

[Stewart Summers]

You guys are steering dave down the wrong path here guys. There is a possibility that the association does have a legal right to make him take it down. I am an Architect and have a bit of knowledge of how associations operate since we've helped draft CC & R's for them in the past. The CC&R's are the key here. It stands for Codes, Covenants and Restrictions. Everyone who has purchased a condo or house that has an association should have received a copy of this document. The CC&R's will list all the rules regarding different activities within the complex. If they specifically restrict items such as this, then you're out of luck. I strongly suggest that you review your documentation.
hope this helps

 

[DeborahK]

Yes there are CC&Rs for condos and townhome communities and yes residents have to abide by them. But if you read the info at the FCC link above you will see that condo associations do not have absolute power over certain things and the right to receive satellite programming is one of them. Not every situation will allow for it physically but if Dave's place has the right physical space not considered to be "common area" and can receive the signal from this location, the condo association cannot deny him access.
Deborah
------------------

 

[Bob Jackson]

From http://www.fcc.gov/csb/facts/otard.html :

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.

Note that if other things are allowed to hang over you may be able to argue about like treatment.
Also note that plastic/vinyl is typically transparent to DBS signals and more than one person has installed their dish in a plastic trash can (not rubber) or draped a BBQ cover over thier installation to reduce the hassle from their legal installations.

 

[Craig Robertson]

...more than one person has installed their dish in a plastic trash can...

pretty sad indeed when you have to "improve" the appearance of your dish with a trash can.

 

[DeborahK]

Depending on the situation, some HOA boards may let a resident put a dish on the roof (typically considered "common area") rather than let the look of the complex be marred by trash cans and such on people's balconies. My HOA let a coupe of us install dishes on the roof of our townhomes, where they are hardly noticable because this was a way to handle the problem asthetically. Either that or they just got sick of us griping about the lousey cable signal at the HOA meetings!

------------------