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Can an HOA legally have provider-specific restrictions on satellite TV?

Discussion in 'General Satellite Discussion' started by Pink Jazz, Jan 12, 2012.

  1. Pink Jazz

    Pink Jazz Mentor

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    I read somewhere there was one homeowner's association that did not allow DirecTV, only Dish Network or cable.

    I was wondering, is this legal? It seems very oppresive that there would be provider-specific restrictions on satellite TV service by the HOA. In our neighborhood, it seems most people use DirecTV, but I don't think there are any restrictions on a specific provider.
     
  2. Drew2k

    Drew2k DIRECTV A-Team

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    It's oppressive and depressing that some landlords and home owners associations don't know the rules.

    Search the forum for OTARD and FCC and you should find some hits related to this.
     
  3. trh

    trh This Space for Sale

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    Google "FCC otard" and you'll see the link to the FCC page. There are a couple of Q&As discussing this.
     
  4. Stewart Vernon

    Stewart Vernon Doctor Whom Staff Member Super Moderator DBSTalk Club

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    There could be a legitimate answer...

    A HOA should not be able to restrict... But a landlord might, especially if your only location for line of sight for Dish would require installation in a non-exclusive use area...
     
  5. Shades228

    Shades228 DaBears

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    A HoA cannot stop an installation of a dish. However a HoA could require you to have a specific service no matter if you subscribe to another service.
     
  6. trh

    trh This Space for Sale

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    they can???
     
  7. dualsub2006

    dualsub2006 Icon

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    Yes, they can. Some HOA's include TV service in your monthly fees. Could be cable or satellite. If you want something else you can get it, but you'll still pay the same fee everyone else does.
     
  8. kenglish

    kenglish Icon

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    I've been paying a fee for Comcast Cable for many years, even though I never even have it connected. It started out at about $15 a month, even though the apartment manager told me that they only paid $9.00, bulk-rate. Now, it's gone up to $30.00 a month for basic service.

    Sucks, don't it?
     
  9. Davenlr

    Davenlr Geek til I die

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    Yep, and the reason I would NEVER live in a HOA. The whole point in owning a house is doing what you want with it.
     
  10. kenglish

    kenglish Icon

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    As for the original question, I think the FCC ruled on this a few years back.
    You have always had the right to use TV antennas and satellite dishes, on your "controlled" part of the property, using whatever service provided you with whatever channels you want.
    The FCC also ruled that wiring could not be "exclusive" to any one provider, and your preferred service provider could use the wiring to your unit for their feeds.

    One of our apartments actually has a D* dish in the flower bed (not OTARD), and has a wire run to the Comcast demarc, where it runs in to their unit. I'm not even sure which apartment it belongs to....maybe someone on the other side of the building. (I think I'll take another look).
     
  11. Shades228

    Shades228 DaBears

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    Get on your HoA board and get rid of it or negotiate for better terms.
     
  12. AntAltMike

    AntAltMike Hall Of Fame

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    Not a chance of that succeeding, since the policy benefits the majority.
     
  13. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

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    Yes, they can.

    If the dish is not in an exclusive use area it can easily be prevented. If the installation requires putting a hole through the outside of the building (where the outside walls are common property) it can be prevented. If there are historic or safety reasons an installation can be prevented.

    OTARD is not carte blanche allowing any install.

    The question would be where is the dish and how does the wiring get to the demark.

    Imagine a large condominium with cable service provided from a basement cable connection. A cable is fed up to each floor to a distribution closet on each floor, then run out to each unit. The units may not even have an exclusive feed from their floor's distribution closet. This topology would be possible in a building where access is not controlled per unit (everybody pays, everybody receives) or where access is controlled by disconnecting cables at the unit. Regardless of where the disconnect point is there is no OTARD protected path to that disconnect point. If there is no exclusive use area to put the dish, being able to tap into the wiring at a common point is moot.

    What we are seeing in some places are common dishes aimed at one satellite providers satellites with that common feed being distributed to units. The presence of such a distribution allows residents to subscribe to that provider's service. The existence of the common feed does not prevent the installation of individual dishes if needed but could be used to prevent the installation of unneeded individual dishes. For example, an apartment complex that installed dishes aimed at DISH satellites and distributed that signal could ban the installation of individual DISH dishes but could not ban the installation of individual DirecTV dishes (within the normal OTARD permitted use areas). If a DISH subscriber needed a feed that was not part of the distribution (for HD or international service, for example) that dish could not be banned within the normal OTARD permitted use areas.

    Providing a common DISH feed does not require the provision of a common DirecTV feed. Providing one company's feed does not expand OTARD protection to any installation outside the exclusive use area for that customer.

    Exact enforcement of the protection of OTARD would require looking at the exact situation in each proposed install. Generally speaking, if there is an exclusive use area available where an antenna can be installed entirely within that exclusive use area and the antenna is needed for reception that antenna would be protected. But don't read OTARD as carte blanche. There are too many limits to OTARD to assume that "anything goes".


    For more information:
    http://www.fcc.gov/guides/over-air-reception-devices-rule
     
  14. Shades228

    Shades228 DaBears

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    Your speaking of either apartment/condo or town homes which usually have a board of directors and not a HoA specifically. So if it was a HoA that was in charge of a condominium association then yes your response would be correct.

    Given the manner of the OP's post where he designated neighborhood this implies single family homes.

    Historic issues are not due to HoA but they are due to civil statutes placed by the township that the people live in which would superceed any HoA or Board of Director rules regardless.
     
  15. P Smith

    P Smith Mr. FixAnything

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    An answer to the precisely formulated question: no. If they do, that would be illegal.

    All other circumstances should be presented to further discussion.
     
  16. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

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    The point remains correct ... OTARD is not carte blanche. Restrictions on satellite dishes remain legal. OTARD does not provide complete protection against being told you cannot have an antenna.

    HoAs take many forms. Some try so hard to keep a neighborhood "uniform" so people don't have to see "ugly" out their windows that they do attempt to block dish installations and severely limit exclusive use areas. I would not willingly choose to live in such a restrictive environment but some who do choose to be there because they like some of the restrictions or at least the "clean neighborhood" that results from those restrictions. Until they find out that the restrictions affect them in some unexpected way.
     
  17. MysteryMan

    MysteryMan DIRECTV A-Team DBSTalk Club

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    HOA: Housing Oppression Association
     
  18. Chappy316

    Chappy316 Cool Member

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    I would reference (under DIRECTV General Discussion > DIRECTV Installation/MDU Discussion > The Battle is on! My landlord now demands I remove my dish) if you want to read about the horrors of this topic. Sorry for no link, first post...

    That thread is actually the reason I signed up for an account. (Makes getting questions answered much easier.)

    Good luck!
     
  19. Blurayfan

    Blurayfan Hall Of Fame

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    The Battle is on! My landlord now demands I remove my dish
     
  20. trh

    trh This Space for Sale

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    That link contains some relevant info, but it takes place in an apartment complex, not an HOA.
     

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