Condo Board suing because dishes outside windows.,,Can I possibly win?

[NYSatelliteman]

Hello,,,Since 1998, my condo board in Manhattan, NYC, has been pursuing a legal case to get me to remove the dishes I have outside 2 of my windows (I have 3 out one window-- DISH 500 + 61.5, and DirecTv, and BellExpressVu out the other for a total of 4).....The number of dishes may seem excessive, but whether I had one or 6, the
legal issue would be the same.......The case is headed for a judge very soon and frankly, from what I've seen and read, it seems I will lose based on the fact that "outside my window" does not seem to be protected by law........While a balcony is protected, OVER the balcony railing is "usually" not protected (according to the FCC), and eventhough I don't have a balcony and have attached the dishes from INSIDE my unit's window railings, the fact that they protrude outside the windows may mean my case is lost.......The issue seems to be the never-ending argument of what is "common area", and what is considered an area under the "exclusive control" of the tenant or owner. I actually own my apartment unit, but that does not appear to be relevant.....
SO, does anyone here know of a case where a condo owner placed a dish or dishes outside a window and actually won-- based on the argument that outside the window is considered an area under the "exclusive control" of the owner or tenant?........For the record, my building allows air conditioners to protrude outside the windows, and so why not a satellite dish?.......Any help would be appreciated as judgement day is near, and my lawyer has disappointed me recently........Thank you.........NYSatelliteman

[jeffwtux]

For the life of me I can understand why people get all worked up about people having dishes outside apartments. To me these people must have nothing else worry about, no other problems in life, and so much time on their hands that they will go out of their way to see if a satellite dish is in their view.
I would like to know how does that dish affect their lives? How are they hurt by it? Most importantly has anybody, anytime, anywhere in the last 5 years ever decided not to rent an apartment or buy a condo because somebody had a satellite dish outside?

[Nick]

It appears your case will hinge on the court's interpretation of "common area." Grab your camera and take a shot of every thing you can find hanging out of other windows. Flower baskets, a/c units, bay windows, clotheslines (do New Yorkers still hang the wash out to dry?) whether or not the other owners/tenants have written permission to hang stuff beyond the line of the vertical wall(s). Try to establish that the board has either actively or passively permitted such protrusions, in effect modifying the rules of the HOA

I don't know what floor you are on, but if you are above street level, try to establish that the common area your dishes "may slightly" extend into is, in fact, not a common area, in that the area cannot be used by any other owner or tenant, or for any other purpose.

On the safety issue, be prepared to show the court that your dishes are safely mounted and will not come loose (not lose) or fall.

Finally, if your lawyer has lost interest, ask him to refund any retainer you have paid in advance and to refer you to another atty who has experience dealing with HOAs. Maybe that will light a fire under him.

If you do retain another atty, do as much legwork as you can in providing him/her with law and regulation to save time in preparation, and to save you per hour billing. Take it upon yourself to research case law dealing with MDUs, HOAs, and apartments Specifically look for cases where external antennae are at issue and the owner/tenant won the case. (ex. Happy Towers HOA v John Doe)

Good luck in your quest, and keep us advised of your progress. The outcome of your case may well have future ramifications for many of the rest of us.

Addendum:

Your initial remarks to the judge should be to ask for the case to be dismissed on the basis that FCC (federal) regulations provide that the FCC is the appropriate venue for resolution of disputes regarding HOA control over use and/or placement of satellite dishes, and such issues should properly be addressed by complainant's petition to the FCC. Also, provide the court with a copy of the relevant FCC regs under the cover of your written petition to the court for dismissal of the case on the basis of incompetent jurisdiction.

[Richard King]

For the life of me I can understand why people get all worked up about people having dishes outside apartments. To me these people must have nothing else worry about,
You don't understand the mindset of these people on condo boards. Most of them do have nothing to do with their time and this type of thing is how they justify their existence. I have two rental condos here in Vero Beach and can't wait to get rid of them. One closes on Nov. 28 and as soon as it is gone the other is going on the market. The main reason is the unpredictability of the busy bodies on the board.

I am afraid for the case above, there probably is no defense and the dishes will have to be removed. I agree with Nick on the picture taking. Take a picture of anything and everything that remotely hangs out beyond the units boundaries.

[Jimbob]

Looks like you have no case, sorry.

[jeffwtux]

RKing: well, at least I know I'm not crazy. It's not just me that thinks that. It just occured to me the total lunacy of this. Who is paying for the condo association's lawyer? If my condo association was wasting my money to pay a lawyer or lawyers just to fight a lawsuit that won't return one dime, just make what some people think is a cosmetic ascetic improvement, I'd be mad as hell.
NYSatelliteman: if you lose do you have to pay damages?