emg7777
02-19-07, 11:10 AM
make me remove my dish for dish network.i read that fcc page but i dont understand what it means.so ill ask here can they make me remove it?
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View Full Version : can the condo association make me remove dish emg7777 02-19-07, 11:10 AM make me remove my dish for dish network.i read that fcc page but i dont understand what it means.so ill ask here can they make me remove it? biker19 02-19-07, 11:22 AM Do you have a lawyer? emg7777 02-19-07, 11:24 AM nope but if the law says im in right thats all i need AFH 02-19-07, 11:28 AM make me remove my dish for dish network.i read that fcc page but i dont understand what it means.so ill ask here can they make me remove it? Re-read the FCC page again there is detailed info that maybe relevant to your situation. In short, as long as the dish or antenna is located on or in an area in which you have "exclusive use" (such as a patio or deck), look for that term when searching the FCC pages, then you shouldn't have any problems. Now there are clauses that some communities establish that say you cannot attach the dish directly to the exterior of the building or drill holes thru the exterior of the building. Also, based on my last reading of the FCC pages, which was about two months ago, if you live in a condo building, attaching the dish to the roof would not be something that would fall within your exclusive use. Now if you lived in a townhome, you could attach the dish to the roof and you would fall under the exclusive use clause. You also need to see if you can find the piece in the FCC documents which talk about the homeowner, condo association or property manager not being able to restrict you from getting a good signal as long as you are following the "exclusive use" rules. I'm just paraphrasing but it's all in there. But you can always install the dish on a poll that is placed in a bucket that has cement in it. You can also buy what is called "flat wire" to run your wire in your condo. biker19 02-19-07, 11:35 AM nope but if the law says im in right thats all i need Only a lawyer can tell you (or the condo assoc) what the law says. :cool: You could have the law on your side and the assoc might still tell you to take it down - what are you gonna do? emg7777 02-19-07, 11:39 AM well im on the board of diecters of the condo association .but i have no idea what there talking about lol bwam 02-19-07, 11:39 AM Only a lawyer can tell you (or the condo assoc) what the law says. :cool: You could have the law on your side and the assoc might still tell you to take it down - what are you gonna do? Rambo the association... AFH 02-19-07, 11:42 AM Dude, here's the OTARD (Over-the-Air Reception Devices Rule) link for you. Read on: FCC Fact Sheet on Placement of Antennas and Reception Devices (http://www.fcc.gov/mb/facts/otard.html) emg7777 02-19-07, 11:51 AM im just going to say inforce all the other rules that are more important first then ill take down dish biker19 02-19-07, 11:55 AM It's very simple - the assoc doesn't like anything "ugly" hanging out of peoples' units, you might have the law on your side - now what? You get a lawyer to send a nice letter to the assoc saying you have the law on your side - they leave you alone. Simple. :cool: You try on your own - they tell you to go pound sand. hall 02-19-07, 11:58 AM Where is your dish mounted ?? emg7777 02-19-07, 12:04 PM Where is your dish mounted ?? thats where i messed up its on roof.had to mount it there to get a clear view of satlites AFH 02-19-07, 12:07 PM thats where i messed up its on roof.had to mount it there to get a clear view of satlites Yeah, that's going to be a problem in a multiple dwelling unit building if you don't get written permission to do so from the association. But you are the association! :D HDTVFanAtic 02-19-07, 12:10 PM You are on the Board of Directors and don't know what common areas vs. exclusive use areas are :rolleyes: emg7777 02-19-07, 12:12 PM i didnt want to be on it.. they nominated and voted me in.last month.i knew the comon areas but i just assumed the roof on my unit was mine.hell there is 4 other dishes out here at least AFH 02-19-07, 12:20 PM i didnt want to be on it.. they nominated and voted me in.last month.i knew the comon areas but i just assumed the roof on my unit was mine.hell there is 4 other dishes out here at least Well, it's been said before, but you are the head of the association so come up with a reasonable solution for yourself and the other 4 people. I've seen dish's on the roofs of condo buildings in Florida. It all depends on how hard-a*s the association wants to be. I'm assuming that the board members would be reasonable enough to allow the dish's to stay on the roof. ;) emg7777 02-19-07, 12:33 PM they all like me and i know em all.the president and vice and etc etc..and there are so many other issues we have.hell ya are not allowed to have dogs but most folks have em. and i assure ya no one will ever step in dog crap from my dish lol.and at least i attempted to hide mine hell maybe no one even saw it.if i waited a month no one would the trees will block it from back emg7777 02-19-07, 12:42 PM btw i love the setup i didnt even have a vcr before now this dvr thing has to be the most cool thing in the world. hall 02-19-07, 01:31 PM thats where i messed up its on roof.had to mount it there to get a clear view of satlites Regardless of you being on the board or not, if they push the issue, your dish will have to come down, as well as the other people's dishes. The FCC won't help you here... emg7777 02-19-07, 01:52 PM i saw a place on back deck it may work .but since i have no idea how to install this thing i doubt ill try but the direction looks ok just cant tell if the roof from the next condo over will be in the way QZ1 02-19-07, 02:48 PM Also, based on my last reading of the FCC pages, which was about two months ago, if you live in a condo building, attaching the dish to the roof would not be something that would fall within your exclusive use. Now if you lived in a townhome, you could attach the dish to the roof and you would fall under the exclusive use clause. You also need to see if you can find the piece in the FCC documents which talk about the homeowner, condo association or property manager not being able to restrict you from getting a good signal as long as you are following the "exclusive use" rules. I'm just paraphrasing but it's all in there. First, there are diferent types of structures- detached houses, townhouses, and mid/high rise building. And then there are different types of ownership or not- full, planned unit, condo, co-op, rental. There are the areas within each place- common, ltd. common, owned, rented. Generally, an exclusive use area is one that it an owned or ltd. common area or rented area. As to your speciifc points, I have not read the regs for a few years, but when I did, both a mid/high rise roof and a townhouse roof were not allowed w/o permission. The townhouse roof is connected to other people's roofs, it would usually be a common area; even if it isn't, one couldn't put up a dish because it could affect the structural integrity of the entire roof. Maybe this has changed? Conversely, if one lives in detached house that is a condo, where the roof is a common area, the FCC ruled that it was still an exclusive use area. WillieAntenna 02-19-07, 03:07 PM emg7777 I would like someone above said get a lawyer but be sure he/she knows the FCC rules and before that get the rules of the associations and get the copy of the FCC rules. Maybe the other 4 that have dish installed, they went to the board for request and got granted to install the dish and since you didn't put in a request in. If that the case I would just say I screw up how can we reslove the problem? You still may have to remove the dish and repair the roof but they may let you have dish like in a bucket of dirt. I don't know how many condo units in each building you have but, if the condo board have one area on each building and every unit can hook up to one dish. That would cut down on numbers of dishes on the roof. Like the apartment I live in there is 2 dishes one for Direct TV and D-Network. there 8 units in each building. Also there is a OTA antenna too. In other town but same ownership but the different landlord let the dish co put one dish for each unit boy it look like hell one building had 16 unit there is more than 25 dishes up there, yes there more because one or the other won't use the other cable or mount so new one goes up. Years ago I did a pre-wire for a single story 6 units condo and the dish was not out then and each unit was 2 runs for 1 for local cable and 2nd for OTA antenna but each building there is a TV tower with 2 antenna for 4 different market combined all the siginal and run to each units and now they add dish by the tower and ran additional coax to each unit for the dish. The asscoation didn't want TV antenna all over the place. It was a nice set up I wish I took a picture of it. HDTVFanAtic 02-19-07, 06:41 PM I still believe that they D* and E* should come out with a mount that fits on your air compressor unit that sit on the roof of most high rise condos. kenglish 02-20-07, 11:12 AM The FCC fact sheets have all the info. It's going to depend on "what is exclusively yours and what isn't" as far as locations go. That should be specified in your contracts. The FCC rules are just confirming what the HOA has to allow, at minimum. Being on the Board, you could help make things easier for everyone.....your fellow Board members could make very specific allowances for "non-exclusive area" installations, or (like mentioned above), a community dish and OTA antenna. QZ1 02-20-07, 06:11 PM The FCC fact sheets have all the info. It's going to depend on "what is exclusively yours and what isn't" as far as locations go. That should be specified in your contracts. Yes, indeed, anything Owned or Ltd. Common is Exclusive Use, AFAIK. But, as I pointed out above, the regs. were more inclusive then that. In one case, a single house condo with a Common Area (not Ltd. Common) roof (as per the Declaration/Rules&Regs) is deemed by the FCC as 'Exclusive Use' in terms of Dishes/Antennae, eventhough it isn't for anything else. hometheaterguy 02-21-07, 11:59 AM i saw a place on back deck it may work .but since i have no idea how to install this thing i doubt ill try but the direction looks ok just cant tell if the roof from the next condo over will be in the way You should be able to have your platform provider install this as a free standard professional installation. They can use an inclinometer to verify the next condo's roof is low enough in elevation to gain line of sight. Lee Stewart 02-21-07, 04:36 PM When you purchased your condo did you sign a piece of paper acknowledging that you have received a copy of the Condo Assoc. By-Laws and that you will adhere to those By-Laws? Most do this . ..mine did . . .only way I could make the sale go through was to be "accepted" by the Assoc. Once you sign that acknowledgement you give up all of your rights that you may have been entitled to like hanging a dish on the eave of your roof. What they can do is fine you say $25 per month for every month the dish stays up. Lets say you keep it up for 3 months then take it down and refuse to pay the $75.00 fine. The Assoc. can get a lien on your property and if they get REALLY nasty . . .they can, at least here in Broward County, Florida (Ft. Laud) FORCE the sale of your home to get that $75.00!. There was an article about a family that had their home forced to sale for $300 in back unpaid maintenance fee's. And there have been others. Most Condo Assoc. view themselves as fiefdoms and their word is law. AntAltMike 02-21-07, 04:45 PM When you purchased your condo did you sign a piece of paper acknowledging that you have received a copy of the Condo Assoc. By-Laws and that you will adhere to those By-Laws? Most do this . ..mine did . . .only way I could make the sale go through was to be "accepted" by the Assoc. Once you sign that acknowledgement you give up all of your rights that you may have been entitled to like hanging a dish on the eave of your roof.... Not in all instances. The 1996 FCC Order on DBS dishes smaller than 1 meter in diameter says no law or restrictive covenant is enforceable if it unreasonably increases costs, delays installation or precludes reception of the signal. The unresolved issue in this instance is whether this particular roof falls within the exclusive use and control of the homeowner. kenglish 02-21-07, 04:47 PM Right. As long as you are within the FCC OTARD rules, the law trumps the covenants. But.....you gotta be within the law. |