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Apartment won't let me have a satellite dish, HELP!  

post #1 of 43
Thread Starter 
Ok, here's the short and skinny:

- Apartment has a "satellite" install policy which includes: No drilling to the apartment, no zip-tying the dish to the balcony rail.


Dish Network came today and we were able to lock 2 of 3 satellites using a satellite dish tripod. The third satellite was about 2" out of range in the verticle sense.

Is it legal that my apartment will not allow me to "zip tie" a dish to my railing? It's in the lease, but does that make it legal?

I'm in Arkansas, if it matters.

They require a "free standing" dish, but is that legal? Can I legally zip tie it, per FCC rules, to my balcony if no safety is impacted??
post #2 of 43
Yes the apartment management CAN put that restriction on you to not damage THEIR building. What they canNOT do is prevent you from having your own dish at all.
post #3 of 43
Actually, that is illegal. You are allowed to attach it to the rail, as long as it is an exclusive use area. Now I believe you may even be allowed to drill it into the rail, but as long as you can "zip tie" it, then I would just do that. Read the fcc link provided in the last post carefully. I was threatened eviction once and all sorts of stuff, all I did was highlight the rules provided by the FCC and they never bothered me again. Keep in mind that in certain states, if landlords mislead you, you can actually take them to court and win a financial award for "deceptive" practices. This includes threatening, or putting things in a lease that are in fact illegal.
post #4 of 43
Thread Starter 
Yes, it's exclusive use! I'm on the third floor.

What should I do about getting them to let me have my dish?
post #5 of 43
What I did was read the FCC regulations, and then made sure I had a copy handy that supported what I was doing.

Then if you like, look up the landlord/renter laws for your state.

I did this, and reassured myself I was in the right, and I then installed it myself. On the day of installation, a maintenance person told me I was not allowed to install the dish. I said "thank you, but I believe federal law is on my side." I then proceeded to install the dish.

About a few weeks later, I received a sharply worded letter asking me to remove my dish. It continued to say that the building's lawyers had reviewed their rights, and that I could be evicted, and held responsible for the full term of my lease.

I sent them back a sharply worded response, that included highlighted copies of the FCC regulations. I also sent them a letter highlighting my renter's rights. I threatened them right back and I never heard back from them again. The true satisfaction came as I saw dishes spring up all over the complex.

I now currently own, and find that even HOA's will try to have equally inept laws about satellite dish placement. The key is, read the laws, make sure you understand the interpretation. The FCC has numbers you can call I believe as well to file complaints, and to get verification.

Most landlords ignore the laws because they think you will be too scared to take them on. So if you feel the law is on your side, then just do what you want to do. Here are some key points from the law:

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.

Q: What types of restrictions are prohibited?

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.
post #6 of 43
Thread Starter 
Do you have any suggestions on what I should say to the manager when I go speak tomorrow.

What should I highlight from the FCC law?
post #7 of 43
Thread Starter 
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.


We wanted to zip tie the dish to the balcony.

As I read that, it means that even though it's "mounted" to a private area, because it extends into a "common area" that the rule does NOT apply.

Suggestions?
post #8 of 43
Third floor, zip ties? Doesn't sound very SAFE!!
post #9 of 43
Thread Starter 
It's been done...at this very apt complex. Someone else is doing it like that RIGHT NOW and they're "trying to make him remove it"
post #10 of 43
Sounds like the apt management will win.
post #11 of 43
Thread Starter 
Why do you say that?
post #12 of 43
Quote:
Originally Posted by kentondb View Post

Why do you say that?

They can just make life miserable for you in many ways. Your best bet might be to just show them copies of the what the FCC says in a non confrontational way.
post #13 of 43
Thread Starter 
Well. The satellite installer (we talked about HU cards, for those of you who knew about that...) was very cool.

He called me back about an hour ago and REALLY believes if I get a bucket with concrete and an 18" long 1 5/8" pole that he'll be able to hit the third satellite.

They're suppose to reschedule me either Friday or Monday.

I went to the apartment and asked "If I get your digital cable, and satellite works next week can I only pay for 1 week of digital cable"

And the answer was... YES.


I actually think that I am not legally entitled to mount the dish on my railing due to the dish extending into "public space" and no longer being contained in a "private use area"

Thoughts?
post #14 of 43
Quote:
Originally Posted by kentondb View Post

I actually think that I am not legally entitled to mount the dish on my railing due to the dish extending into "public space" and no longer being contained in a "private use area"

Thoughts?

When I lived in an apartment with a balcony I leaned on the railing and watched the world go by. I considered this to be part of my balcony.

Thus if the satellite dish extended 6" over the balcony edge I personally would consider this to be part of my balcony. On the other hand if it extended 3' that would be, in my opinion, extending into the common area.

Just my $.02 worth.

Rick R
post #15 of 43
Quote:
Originally Posted by Rick_R View Post

When I lived in an apartment with a balcony I leaned on the railing and watched the world go by. I considered this to be part of my balcony.

Thus if the satellite dish extended 6" over the balcony edge I personally would consider this to be part of my balcony. On the other hand if it extended 3' that would be, in my opinion, extending into the common area.

Just my $.02 worth.

Of course you can lean over the balcony, but is in reality that is the common area. So, putting anything there is another story. I have never heard of any ruling saying one could extend at all into the common area.

Now, there is way to make the zip ties work, possibly. First if the railings aren't flush with the balcony edge, then the zip ties would be hovering over the balcony.

If the railings are flush, well, then they have to apply their rules fairly, so, that means nobody better be hanging any plants on their railings. If they are, the management better have them removed.

The free-standing bucket is a foll-proof way to be within the FCC rules. Also, one would need to use a flat-cable to get the coaxial inside.
post #16 of 43
Thread Starter 
Check on the flat cable. No biggie there.
post #17 of 43
They might be able to get you on the "nothing attached to the building" part. The bucket is a good way to go...just need a way to get the wire inside without drilling holes (unless they give you permission to drill ).
post #18 of 43
Go to Home Depot and buy one of those bright orange five gallon buckets and a bag or ready mix cement. Also pick up some 2.5-3" bolts with matching flat washers, lock washers and nuts.

Mix enough cement to fill about 1/3-1/2 of the bucket. Insert the bolts into the ready mix, leave about an inch of clean thread sticking out of the cement. What I did was use two sets of nuts and applied a nut to each side of the Satellite mounting base, laid it into the cement and then let it harden overnight. Came back the next day and removed the top nut installed the flat washers and locks and then reinstalled the nuts and tightened it all down.

Works well, damned heavy, wind doesn't stand a chance of moving it around. We use this setup camping, works well for us, looks a bit silly pulling it out of the camper and sitting it down and installing the Dish on top of the mast but once the Football games start up on Saturday afternoon who cares.....

Should work well enough on your balcony and the bright orange would be like flippin management the bird.

I hate ghestopo home owner associations!
post #19 of 43
Quote:
Originally Posted by QZ1 View Post

Of course you can lean over the balcony, but is in reality that is the common area. So, putting anything there is another story. I have never heard of any ruling saying one could extend at all into the common area.

Now, there is way to make the zip ties work, possibly. First if the railings aren't flush with the balcony edge, then the zip ties would be hovering over the balcony.

If the railings are flush, well, then they have to apply their rules fairly, so, that means nobody better be hanging any plants on their railings. If they are, the management better have them removed.

The free-standing bucket is a foll-proof way to be within the FCC rules. Also, one would need to use a flat-cable to get the coaxial inside.

My point is that saying the far edge of the balcony is the start of common area is an arbitrary definition. The apartment owners made that definition to stop you from doing what you want to do. I happen to disagree with that definition. If someone was hanging down from an upper floors balcony and watching you from just over the edge of your balcony I would say they were intruding on your space. Thus that is not common area.

However I am trying to make a definition of common area that will allow you to do what you would like to do.

Rick R
post #20 of 43
Mounting the proper diameter pole in a 5 gallon bucket would probably be better for a balcony to get the dish to clear the railing height. Flatten the end that goes into the concrete or stick some bolts through it so the pole can't twist in the concrete after it sets.
post #21 of 43
mjones73 - that should be POLE, not POLL.
post #22 of 43
If you are handy with a few woodworking tools, and have a router and router table, here's something you can temporarily attach to a wood railing....assuming the landlord doesn't mind.

It can be held up with the optional front piece and bolts, or just using a couple of c-clamps, pained to blend in with the wooden railing slats.

Some good weatherproof seal, and stainless steel hardware (with wing nuts) are a good idea.

Moving the dish back and forth, and raising and lowering the whole unit, allows for hiding the dish as much as possible, and aiming out of those too-small apertures that we find on apartments and condo balconies.
LL
post #23 of 43
Quote:
Originally Posted by Scooper View Post

mjones73 - that should be POLE, not POLL.

OK, my bad, my typo has been fixed...
post #24 of 43
Quote:
Originally Posted by Rick_R View Post

My point is that saying the far edge of the balcony is the start of common area is an arbitrary definition. The apartment owners made that definition to stop you from doing what you want to do. I happen to disagree with that definition. If someone was hanging down from an upper floors balcony and watching you from just over the edge of your balcony I would say they were intruding on your space. Thus that is not common area.

However I am trying to make a definition of common area that will allow you to do what you would like to do.

I don't think it is arbitrary; they are renting or selling a defined space to the renter or owner that ends at the edge of the balcony, and up to the eave (relevant if it's a partial eave). Regardless, if you believe it is arbitrary or not, that is what it is, whether you disagree or not. And, exactly, you are trying to make a definition to do what you want, but it doesn't work that way.
post #25 of 43
Has the FCC ruled on whether one can use a non-damaging attachment to the balcony railing, provided it doesn't pass the edge of the balcony?
post #26 of 43
Many owners use what is called a "shrink wrap test".....if the building was covered in shrink-wrap, would the antenna (or whatever) push against the shrink wrap?

If so, it's outside your personal space.

Of course, if you OWN some of it...like a condo....then you can use certain parts that are your own/controlled areas, like your part of the roof or walls.

As for attachments, it's up to the owner if they think it would damage something.
post #27 of 43
Thread Starter 
Today I mixed up some Deep Gray Concrete (a product my company manufactures) and using 3 gallon buckets (honestly felt the 5gal was "too much"). We keep plastic 3gal buckets at the warehouse, as many of our products go into them.

Anyhow, I've got two buckets ready. One has a 1 5/8" "line pole" that the satellite company recommended.

The other features a large 2x4 that we could bolt the hardware kit into, if necessary. I optioned to a backup plan because I see a neighbor has his mounted on a 2x4.

Let's hope I can hit that 3rd satellite now.

They come back Friday AM. Will post back when I'm watching HD.... I hope.
post #28 of 43
Thread Starter 
I have a second question.

Apartment REQUIRES a $500 satellite deposit. I have not paid that, but doesn't the FCC rule about not imposing extra costs make that illegal?

I've got $500, and it's 100% refundable, but hell if I can spend it on games and HD-DVDs why the hell should I hand it over to them.

Anyone got thoughts on that?
post #29 of 43
Ask them if they require a $500 deposit on lawn chairs, grills, flowerpots, etc. as well. If no - then tell them you won't be giving them one for your dish either. The OTARD forbids outrageous demands like that.
post #30 of 43
Thought I would post my ongoing story here too...


My apartment complex will not allow me to install a Dish Network dish.

First they said that installing a dish requires drilling a hole through the apartment. I called and talked to DN to confirm. The lady said she didnt know, but she put me on hold and called the installation technician that was scheduled to come to my apartment this Friday. He said no drilling is necessary, and that they could use a flat cable and feed it under the door.

Went back to the landlord and told them that. Then they claimed that those flat cables are prone to ignite fires, and because of that refused to sign.

Called back DN and had the lady call the technician back to check to see if flat wires are prone to starting fires. He of course denied this and said the wires are fireproof. Called landlord back and told them that. He then said that the cable company (the only one we have in town that is ripping everybody off) technicians said that the flat wires used for satellite installations are indeed prone to starting fires (well of course they are going to say that - they dont want people using dish's).

So, they once again refused to sign the paper that I have to give to Dish Network. By this time they are mad. I'm starting to fear I may be evicted. But I also believe I have rights as a consumer to install a dish, and I do not believe Dish Network would install wires that are prone to starting fires (if they did, they would probly be out of business by now, no?). Any way you look at it, my landlord will not sign. Period.

So now its time to call the FCC because I feel my landlord is "enforcing an invalid restriction". Call the FCC and the lady tells me she is going to send an email with instructions on how to file a petition or something like that. That was 10 minutes ago, but I still havent gotten it. I would have thought the email would have arrived by now but I will wait a few more hours and if no email then I will call back.

I will keep you all updated on how this turns out.
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