View Full Version : Advice on Home Owners Assoc saying no dish?
A friend of mind from work was telling me today that his parents bought a single family home in Ocean City, maryland. The home owners group told them, that the new slim-line dish, exceeds the size of dish that they will allow. And the parents want their HD-TV. Is that true? If it isn't could someone send or post a link to the law that states they are allowed to put up a dish.
Thanks so much for your help
jefbal99
10-24-07, 10:52 AM
They need to look into OTARD linky (http://www.fcc.gov/mb/facts/otard.html)
If they own the home (walls, roof, interior, exterior, etc) then they can't be stopped from putting up a Dish. The HOA just needs to have the standards sent to their lawyer and highlight the sections that are being violated. Shouldn't be an issue after that.
If they don't own the roof or exterior, then I believe there are provisions for placing the Dish in an area that can receive the signals (on a ground mounted pole).
Read through OTARD and you'll have all your answers.
http://www.fcc.gov/mb/facts/otard.html
The Slimline dish qualifies.
The short version: They can't keep you from having one, but they can require you to put the dish in a location where it will receive an adequate signal but not be seen (like a "look over the top" location on the back of the roof rather than on the front).
So reading the document..is the slim-line less then 1 Meter?
Thanks again
techrep
10-24-07, 11:52 AM
So reading the document..is the slim-line less then 1 Meter?
Thanks again
Slimline Dish surface area dimensions: 25.5" (h) x 29.5" (W)
say-what
10-24-07, 12:57 PM
So reading the document..is the slim-line less then 1 Meter?
Thanks again
Yes, the dimensions posted by techrep fall well within the guidelines and DirecTV manufactures its dish to comply.
Milominderbinder2
10-24-07, 03:39 PM
If you are in the right, speak softly, your words will carry you.
If you are in the wrong, speak softly so that fewer hear you.
So speak softly. If they refuse, you could be looking at years of legal battles.
- Craig
If they refuse, you could be looking at years of legal battles.
How so? The law is clear and these tinhorn dictators are on the wrong side of it.
How so? The law is clear and these tinhorn dictators are on the wrong side of it.
Because the home owners group lawyer(s) will say - They knew when they moved in that we don't allow dishes over a certain size !!
The homeowners lawyer will say - You can't tell the homeowner - No dishes over a certain size !! That's illegal !!
The owners group lawyer(s) will say - Yes we can !
The homeowners lawyer will say - No you can't !
Etc.......
It would be easier to just move to someplace else.
hilmar2k
10-25-07, 04:47 PM
Because the home owners group lawyer(s) will say - They knew when they moved in that we don't allow dishes over a certain size !!
The homeowners lawyer will say - You can't tell the homeowner - No dishes over a certain size !! That's illegal !!
The owners group lawyer(s) will say - Yes we can !
The homeowners lawyer will say - No you can't !
Etc.......
It would be easier to just move to someplace else.
Then why not just put it up? If you are going to have to fight it out anywaym, you might as well have D* while you are fighting.
FWIW, my HOA has funky dish rules as well, but I just ignored them and put it up. I was careful to put it in the place that they would want it just in case. The bottom line with these HOA's is they just want things to look good and be uniform, so if you do things discretely they generally don't have an issue.
phat78boy
10-25-07, 04:50 PM
If they have walls around the property, any chance you can pole mount below wall height and still get signal? If they can't see it, they can't complain.
Stuart Sweet
10-25-07, 05:09 PM
As much as I enjoy DIRECTV I'm not sure I would sell my house just to get it. THAT's dedication.
Here's a few suggestions...
1. Make sure you have the right to put a dish up. What I mean is you have to have ownership rights to the area where the dish will be placed. In some associations the homeowner does not own the outer-skin of the home or the roof. Read your closing documents!
2. If you do own the area then check to see if they have any kind of architectural review you have to submit to. While they can't deny you the right to put up a dish they can make reasonable requirements as to where it may be placed. You shouldn't have to pay any sort of a permit fee though.
I would then suggest going to the meeting where they will vote on your request and explain to them that the dish is within the law. Sometimes just being polite. yet direct will get your request approved. Bite your tongue as best you can and remain polite and don't yell.
You could also bring a lawyer to this meeting if you like in hopes of showing them you're serious. If you think they're going to be real pains about it...you can bring a court reporter for the meeting and get a written transcript (don't do video or tape recording).
If they deny the request to put the dish up you have a choice:
- You can bring an action yourself (pro se). It's not mandatory that you hire a lawyer. I'm sure if you do some web research and ask some questions you can get information on how and what to file.
- You can contact a lawyer and have him start the complaint process and wait it out.
- You can go ahead and put the dish up...and expect that the HOA will probably send a take-down notice and start some sort of daily fine. Eventually, they'll try to put a lien on the property and you fight it then.
Here's the bad part...whenever you get into a legal scuffle with your HOA or CA you pay for your lawyer and then as a part of the association end up paying for at least part of their lawyer.
Try to work it out amicably...it's the easiest and cheapest way in the long-run.
I would check the locations and if you were good put it up. If they say word one about it, send them a link to the OTARD. IF they say anythign after that, call the FCC, who will be happy to jack them up for you.
Jason Nipp
10-26-07, 08:45 AM
A friend of mind from work was telling me today that his parents bought a single family home in Ocean City, maryland. The home owners group told them, that the new slim-line dish, exceeds the size of dish that they will allow. And the parents want their HD-TV. Is that true? If it isn't could someone send or post a link to the law that states they are allowed to put up a dish.
Thanks so much for your help
OTARD protects dishes up to "39.37 inches". However if it is a Condo declared property, where your friend only owns the interior of the condo and not the exterior, the HOA can refuse to allow attachment to the exterior structure. This is the situation where you hope your friend has a southern exposure so he/she can rig the dish in their "Exclusive Use" area such as a patio or balcony.
I have seen condo users become very creative to find the loopholes. I once saw a dish mounted through a pane of glass in a window. The owner cut a hole in the window, and mounted the dish to the interior wall, which he does own. The hole was sealed with latex, actually he did a fairly good job on it, but I personally wouldn't recommend going to this extreme unless your gonna get some "I beat them HOA people's" type of satisfaction out of it.... :rolleyes:
By the way, my HOA tried to tell me I couldn't have 2 dishes, so I added one more dish for each of the 2 subsequent warnings that they sent to me. After they fined me for having 4 dishes on my single family home, I called some friends at the Chicago FCC office, and all my problems went away. And for the fun of it I still have 4 of 5 dishes installed. I just won't tell my HOA only 2 of them are functional......... :D
gully_foyle
10-26-07, 09:02 AM
Just put it up. Preferably inconspicuously. Don't say a word. IF, and I mean IF they complain, say that they don't have jurisdiction, that a federal law allows you to do this without their permission. Point out that if they sue, they have to do so in federal court. And that if they sue, they WILL lose and it is SUCH a settled matter that they will owe you lawyers fees AND that their lawyer will risk sanctions. And why are they pursuing this?
And if they do sue in a local court, get a lawyer, get them to stipulate that you own the property and that the dish is less than a meter. Then move for summary dismissal as it is a federal matter that the local court has no jurisdiction over. And ask for court costs and legal expenses. You may or may not get them, but the matter should be over.
If they sue you in federal court, they are complete idiots, and they will have their head handed to them.
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