Hey yall, I just moved into a townhome for the first time and I am already having issues with the HOA guidelines. When I first read them (one from 2005) it said they would prefer and/or recommend that I don't put my HD dish on the roof, but no where did it say it's prohibited. They go on to say if you do and it needs to be removed later that any damage can be expensed to me. I didn't see this as a big deal.

Well, the HOA (president or somebody high up the HOA food chain I guess) called me after I had inqired about if it was okay to put it on the roof. They said no, you need an updated copy of the guidelines. Now I'm being told it can either be fixed to the wood trim (which if it is, the directv guy told me this HD dish is so heavy it would probably rip the wood off and fall down---haha), but that's it. So I don't know what to do. I am told it's possible to put it on a pole in the enclosed yard portion--very small area, but that it has to come off the roof. I don't mind paying for the relocation, but what if I can't get a signal if it's on a pole? It may not be seen above the fenceline and I'm not sure if it will work.

HELP, I guess I can just use the regular dish, but I paid for an HD signal. :(

Anyone have any suggestions?
Thanks,
TxEEguy

Do you own the roof?

If you do they can't technically stop you from putting a dish on it though they can request you put it a more discrete area as long as the costs involved aren't preventive. If they do own the roof, you are SOL.

I am leasing at the moment from the owner. So technically he owns the roof, however, I did ask him if it was okay to put it there and he said sure, but to call the HOA first. After leaving a few voicemails, they finally called me back.

It'll be up to the homeowner. But you might want to be prepared to get legal help. My HOA refused to acknowledge the FCC finding in my case, saying "The FCC has no authority over us." Trouble is, every time there's a new HOA board of directors elected, I get another notice and we have to start all over again. 2 years, 3 boards and $3,000 spent so far.

By the way, mine is on the front of my house. There are trees in the lot behind me. The front spot is the only spot where all 5 birds can be received. The HOA bylaws require the dish to be "not visible" from the street.

TV antennas are also prohibited. Still waiting for the notice on that.

Yeah I suggest you study OTARD and talk to the owner again. The HOA doesn't really have a leg to stand on if it's not a community roof though like I said they can put up a fight about you putting it elsewhere on the structure or property.

http://www.fcc.gov/mb/facts/otard.html

DrDon, yeah I really don't want to spend more money than I have too seeing as I'm getting married soon and the engagement ring was freaking crazy expensive, haha.

mj, funny that you mention that cause I wondered about that. I looked at my roof today and it is separate from my next door neighbor although the buildings are joined together at the wall. I will look at OTARD in depth and see if I have any options.

Thanks yall.

My HOA refused to acknowledge the FCC finding in my case, saying "The FCC has no authority over us."
Didn't you tell them what the 'F' in 'FCC' stands for?
Regardless, did you follow up with the FCC trying to get them to comply? Can't the FCC impose a continual fine of the HOA for non-compliance?

Didn't you tell them what the 'F' in 'FCC' stands for?
As far as some belligerent HOAs are concerned, the 'F' probably doesn't stand for 'Federal'...

Didn't you tell them what the 'F' in 'FCC' stands for?
Regardless, did you follow up with the FCC trying to get them to comply? Can't the FCC impose a continual fine of the HOA for non-compliance?I did. They've apparently never run across an HOA whose sole legal counsel is an accountant who "took some law classes" and apparently watches a lot of "Judge Judy." You think I'm kidding. Seriously, much as I begged them, they refused to call a real lawyer for advice.

Don't know if they did or the accountant simply got tired of messing with it. Haven't heard from them in 9 months, though everyone keeps getting flyers reminding us "satellite dishes are not permitted on the front half of the house" and that "this policy will be strictly enforced."

Pretty sure when the leaves fall and my dish is much more visible from the street, we'll be going around, again.

What about FCC fines to the HOA, as I had asked?

To my knowledge, no.

Don't know if they did or the accountant simply got tired of messing with it. Haven't heard from them in 9 months, though everyone keeps getting flyers reminding us "satellite dishes are not permitted on the front half of the house" and that "this policy will be strictly enforced."
The HOA does have the right to not permit dishes on the front of the house if a less visible mounting site can be found which doesn't degrade reception or cost a lot more to install. If you could just as easily and cheaply mount it in the back of the house, then the HOA is within their rights to demand that placement under the SHVA.

However, if there are no suitable places to mount the dish in a less "visible" place -- i.e. there are no clear views to the southern sky or if finding such a place would make the installation much more costly -- then the HOA can pound sand. Federal law trumps their CC&Rs.

DrDon, yeah I really don't want to spend more money than I have too seeing as I'm getting married soon and the engagement ring was freaking crazy expensive, haha.

mj, funny that you mention that cause I wondered about that. I looked at my roof today and it is separate from my next door neighbor although the buildings are joined together at the wall. I will look at OTARD in depth and see if I have any options.
Since it is a detached roof, you should be good to go, but should look for exceptions disallowing it.

The HOA does have the right to not permit dishes on the front of the house if a less visible mounting site can be found which doesn't degrade reception or cost a lot more to install. If you could just as easily and cheaply mount it in the back of the house, then the HOA is within their rights to demand that placement under the SHVA.

However, if there are no suitable places to mount the dish in a less "visible" place -- i.e. there are no clear views to the southern sky or if finding such a place would make the installation much more costly -- then the HOA can pound sand. Federal law trumps their CC&Rs.
You know that and I know that, but it doesn't stop HOAs from bullying around the uninformed. To date, they've managed to get three houses near me to abandon their satellite subscriptions rather than deal with the HOA (on my side of the street, which backs up to a large wooded area, there is no other suitable location. My lawyer informed the HOA that if they could prove one existed, the dish would be moved. Which, honestly, I would do. I don't like where it is, either).

In 5 years the trees will have grown into the D* 119W signal path and I'll have to go up with the dish 5 feet or so. Won't THAT be fun?

TV antennas are also prohibited. Still waiting for the notice on that.

I'm glad that antennas do just fine in my attic. With the flap the HOA was going to make me go through for a dish, I decided it wasn't worth the frustration. If antennas could get ESPN, I wouldn't have even considered getting pay TV back. For now, I've put my foot down, not to give in to the $60-70/mo. pay TV demands and 300+ channels when all I would want is a few. A-la-carte? Who knows when and it would probably be $10/ch/mo. :mad:

Cox has every house and condo wired in my development and the HOA's seem to be very motivated to keep everyone paying Cox. My neighbors don't seem to want to try antennas for themselves, however, despite my success.

You know that and I know that, but it doesn't stop HOAs from bullying around the uninformed.
Oh, I know it, but it was worth mentioning anyway just in case someone who doesn't know the law finds this on a search.

We lived in an HOA when we were in Houston -- my wife was on the board for a while, actually. It was actually one of the most laissez-faire HOAs in the area and there were rarely any disputes over placement of dishes or antennas.

Then again, I've also known some HOAs whose board seems to exist to play "supreme neighborhood ruler." I'm glad I never lived in one of those.

Oh, I know it, but it was worth mentioning anyway just in case someone who doesn't know the law finds this on a search.Good thinking.

The FCC law means nothing unless it is enforced. Has anybody ever had the FCC enforce this law with an HOA? I doubt it. The Federal government doesn't enforce any laws unless the law breaker is effecting them. A perfect example is water quality runoff. It is against the EPA laws to allow untreated runoff water to flow into tributaries that lead to the oceans but nobody enforces it so nobody really does it unless they are responsible developers.

The closest they got to enforcement was to send a letter to the HOA letting them know they'd found in my favor. That's all they did. That was the letter that prompted the HOA to say, "The FCC has no authority over us."

DrDon: Why don't you sue them? Seek an injunction estopping the HOA from trying to get your dish removed. Maybe a declaratory action to get a court to say the restrictions don't apply because of the FCC regs and opinion. If the HOA is costing you money, seek damages as well as costs and attorney fees.

The FCC is not going to be able to "enforce" their finding in the normal way you would expect. Your HOA hasn't committed an act that the FCC can remedy. They are harassing you and the agency has issued its opinion that your position is correct. You are going to have to take some private action to stop the process.

The FCC may not have enforcement authority beyond the ability to issue opinions. If the authority exists, it has to be limited to situations involving an act, such as the HOA physically removing the dish from your property.

It seems to me that you are going to have to resolve this in court. The HOA really can't do anything to you without going to court. Even if they fine you, they can't collect without a court order. I bet your contract provides that the winner gets attorney fees.

Maybe it is time to attack.

DrDon: Why don't you sue them? ... Maybe it is time to attack.
They pretty much left me alone after the last go-round with my lawyer. And I don't want to make them mad when I have some renovations to do to the house that will require their blessing. (Granted, I've probably already guaranteed I won't get that) So, not suing them unless I really have to.

But on the other hand, if you are doing things that are authorized under the agreement and are not within the discretionary authority of the board to approve or deny, if you financially punish them, they may be reluctant to further harass you. I was also suggesting that the next time they cause problems over dish/antennas, you make them pay your attorney fees. Good luck.

But on the other hand, if you are doing things that are authorized under the agreement and are not within the discretionary authority of the board to approve or deny, if you financially punish them, they may be reluctant to further harass you. I was also suggesting that the next time they cause problems over dish/antennas, you make them pay your attorney fees. Good luck.
Pretty much anything one does to a house or yard comes under their auspices. And they can be brutal. Made one of my neighbors rip out his deck because he didn't know he had to ask them before putting it in (he did pull a city permit, but that didn't seem to matter). Told him he should have fought them on that. Anyway, you can bet if we have to go around again and it requires more than just sending them the same atty correspondence, I'm gonna get my fees covered. But I'm not doing anything until then.

You would think that the Satellite companies would be able to help in this. After all, they have a stake in it too.