First of all I know this has been covered in several threads so far, but I wanted to know who has been successful in fighting their HOA over satellite installation.

I just recently received a warning from my HOA about the D* AT9 dish installed. I am part of a complex of Townhomes in Miami, Florida. HOA rules allow the installation of satellite dishes only along the side of roof (along the flat part, underneath the tiles) which I have done. I come to find out they recently passed a rule disallowing HDTV satellites (probably because of the size compared the the standard dish). I guess they are okay with a 20inch diameter dish but not okay with a 29inch.

I know the FCC is on my side, but who has been able to successfully fight this? If so, how far did the fight go? Phone Calls? Board Meetings? Court Cases?

Thanks!

The FCC regulation says that no statutes, ordinances prohibitions or restrictive covenants can be enforced on any satellite reception antennas 1 meter in diameter or smaller that unreasonably delay the installation, unreasonably increase the cost of installation or reduce signal quality.

As far as I know, everyone successfully fights this as long as they have exclusive control of the mounting surface. Your situation may differ slightly, however, because they may be allowing some dish installations on surfaces over which you do not have ownership and physical control.

I'd begin by sending them a copy of the FCC's Order without mentioning that they might have a leg to stand on.

What are they threatening to do to enforce their policy?




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

Threats are fines, the amounts were not stated in the warning letter.

The one leg they stand on, in my opinion, is not much of one. They, by rules and regulations, specifically state that satellites can only be installed on the side of the roof. I believe this is a common area, not mine. However by giving such a restriction, and not allowing the AT-9, they are denying me of my right to install the dish. Therefore making it illegal.

I am aware of one neighbor using a tripod mount, that was told it must be mounted on roof.

What do you think? Catch-22 huh.

...by giving such a restriction, and not allowing the AT-9, they are denying me of my right to install the dish. Therefore making it illegal....

But not if you don't have a right to install a dish there to begin with. I think that if the homewoner's association owns a common space to which you have no exclusive control or expressly deeded rights and says that passenger cars can be parked there but not pickup trucks, they would not be violating your rights to park your pickup there, even though you could legally park it in your own driving lot. I think you need to get some of your friends elected to the appropriate HOA committee to support you on this.

What exactly does their anti HDTV sdish rule say? Does it name dish models or technical capabilities or physical dimensions?

I agree, hell you don't have to reason with me, we are on the same page. But I know how they will fight it. It is a common area and not subject to the FCC ruling. However at the end of the day, they are denying me my right to mount a dish 29inches in diameter, which is what this ruling is set to protect. I have a patio, which is exclusive use, but they specifically don't allow them there.

Up until now, there was no specific verbage on what satellites to install. Upon installation you have to seek approval, which is just approved pretty quickly and does not specifically ask what will be installed. But it does state where it can be installed, on the side of the roof. I just today noticed, after looking for it, that theres a notice stating "HD satellites are not currently approved". This is too vague and I know I can fight it, but I know it will be a fight.

Fight it - You have the FCC on your side. You CAN put that HD dish (since it is less than 1 Meter in diameter) on YOUR patio (exclusive use area) and there is not a damn thing they can do about it. As far as the patio mount - do the cement bucket method for now, then when you win, you can move it to a better location. Just make sure you don't block any doors or create any other safety issue with your patio mount.

I agree with Scott on the patio matter. Juyst put it on the patio and it will be their ,ove.

"However at the end of the day, they are denying me my right to mount a dish 29inches in diameter, which is what this ruling is set to protect."

No, it's not what the ruling is set to protect, they have every right to deny you from mounting it on a common space. OTARD only protects you when you are installing in an area you have exclusive rights to, you are SOL when it comes to common areas.

I'd go with the suggestion of moving it to your patio where you have exclusive rights to the area, when the HOA warns you, send them a copy of OTARD with your rights highlighted or just send it to them now and tell them you'll just move the dish to your patio to satisfy their complaint and see if they back off on where it is now.

Or get a SlimLine dish.

The Slimline is actually wider then the AT-9, 22.5" x 32.5" vs 25.5" x 29.5." Don't see it helping his problem any...