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HOA Restricting Dish

Discussion in 'General DISH™ Discussion' started by LilGator, Apr 21, 2010.

  1. Apr 23, 2010 #21 of 163
    GrumpyBear

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    "Old Farts" is a nice way of saying, "The holier than thou's, bullies, that didn't think anybody would challenge them"
     
  2. Apr 23, 2010 #22 of 163
    Stewart Vernon

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    Strangely... it should be "young" farts causing all the problems with antenna installations... since technically "old" farts should be more familiar with needing antennas to watch anything :)
     
  3. Apr 23, 2010 #23 of 163
    GrumpyBear

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    I will stick with Old Farts. In my HOA, the younger people see the SAT dish as a better TV over old fashion cable. The old Farts, what a clean, uniform look. They hate the change, and just try to explain how you can record OTA as well as via SAT. Younger folks understand, the tech and advantage more(lots of OTA's have popped up since my problem), older folks(NOT ALL) here, look at you like your are nutz, when you tell them you can record 4 stations at the sametime.
     
  4. Apr 26, 2010 #24 of 163
    LilGator

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    So my landlord had a conversation with the HOA and we're both pretty much speechless at their response.

    They know about the FCC's regulation, and are maintaining the "no satellite dishes" rule. They simply don't care.

    He talked to his attorney who said all we could do is hire him, obviously take them to court and win. But who has $5K to drop on that? The HOA knows this, and that's probably why I'm the only person with a satellite dish here.

    Alternatives are Charter cable and it's whopping ~40 HD channels, or AT&T U-verse and it's legendary PQ.

    Leave the dish up and inevitably they come down on the owner of the condo (my landlord) removing his right to lease here, leaving me without a lease to live there.

    WTF are my options now?
     
  5. Apr 26, 2010 #25 of 163
    Jim5506

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    Leave your dish where it is and make them make the first move.

    You won't need an attourney to beat them in any court, just plop down the FCC OTARD Rules and checkmate.

    You might also consider getting the news media into this, they love these kind of human interest stories and bad publicity for the HOA might get some other owners off their duffs.
     
  6. Apr 26, 2010 #26 of 163
    phrelin

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    Northern...
    Pretend you and your landlord are willing to risk some money to get some money.

    In a carefully worded letter, tell the HOA to sue if they want to lose, plus end up spending a considerable sum on both side's attorney fees, plus a considerable sum from an emotional stress damage award resulting from a cross-filing accusing them of engaging in harassment in a manner knowingly in violation of federal law.

    Sometimes you only have to bully the bullies.
     
  7. Apr 26, 2010 #27 of 163
    olguy

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    You can also file a petition with the FCC. May take a long time to get results from the FCC but it might shake up the HOA.

    And as a 72 year old who had one of the first sat dishes in my area I take offense at the use of "Old Farts" to describe the idiots. In fact, all the board members of my HOA are many years younger than me. Some younger than my kids. I know phrelin ain't as old as me so it probably didn't bother him :lol: Didn't really bother me but just thought I'd say something anyway.

    Back on topic: From the FCC's How to File a Petition page:

     
  8. Apr 26, 2010 #28 of 163
    Herdfan

    Herdfan Well-Known Member

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    Teays...
    Doesn't the filing of the petition also stop the HOA from enforcing the rule until the FCC makes a determination?
     
  9. Apr 26, 2010 #29 of 163
    phrelin

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    Northern...
    Cool link. The relevant language is clear:
    I'd file a petition and send the letter I suggested above. Nothing wrong with letting them know they are in the wrong and you're not going to take it any more.

    Regarding the "old farts" thing, olguy, I had my prostate removed a week ago so right now I'm feeling as old as dirt. But your right, I ignored the remark.;)
     
  10. Apr 26, 2010 #30 of 163
    GrumpyBear

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    Not only is the FCC petition a GREAT thing to do, but this is a great time to inform the board that laws of incorporation don't protect them from being sued, in civil court.
    In Civil Court no attorneys needed, and the Individual board Members, would each be held personally, and financially responsible, for taking willful action to violate Federal and or State laws.
    You have very kindly informed them of the Federal laws covering this, if they take any action to remove the Dish, or try to fine you for the Dish, there are several South Carolina cc laws that have a minimum $500 fine for each violation.
    Judges Just love adding punitative damages on top of fines, for willful misconduct.

    I always thought that old fart was a southern term of endearment. hehehehehehehe
     
  11. Apr 26, 2010 #31 of 163
    phrelin

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    Northern...
    I guess you mean like that handy old southern phrase - "bless her/his heart" more frequently used by polite southern women? You know, like "she's dumb as a post, bless her heart."

    But I guess I kinda like "old fart." I frequently used to offer an image of "just a poor country boy." Disarms the opposition, though I used to watch peoples faces as they'd make their initial judgment, then I'd set a beatup $1,200 briefcase on the table and see who noticed.

    Yep, those generalizations offer a great way to hide in the open.
     
  12. Apr 26, 2010 #32 of 163
    Stewart Vernon

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    One of the downsides of fighting a HOA in which you live is... even when you win, you sometimes lose.

    The HOA will be using your paid dues to fight you in court... and if they lose, they might very well raise dues the next year to recoup those losses... so they are very much playing with "house" money.
     
  13. Apr 26, 2010 #33 of 163
    GrumpyBear

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    You do bring up a good point that the HOA is playing chicken with LilGator. They are hoping Lil wont, want to deal with the idea having to actually hire a lawyer and spend all the money upfront. Letting the HOA know that LiL has 2 different means of fighting them at no cost like the FCC Petition and Civil Court may help change thier minds.
     
  14. Apr 26, 2010 #34 of 163
    GrumpyBear

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    Ah, the benefits of Civil Court and using civil codes vs Trail court or Civil court to have a law enforced, to fight a HOA, who willfully violates the law.

    All 50 States have cc that allow the Individual HOA Board member to be sued, and only the HOA board member is financially responsible as there are no lawyers needed, just two people who go before the judge and put there case/explaination out there. Smaller dollar amounts $50-$500 for these kinds of fines, but punitive damages can bring it up, depending on state, to a max imum of $4k-$5k. Point here isn't making money, just getting them to obey the laws. Going this route always make each violation a seperate issue, neve lump them into each other.
     
  15. Apr 26, 2010 #35 of 163
    DoyleS

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    At this point you should ask for a letter from the HOA stating that you are not allowed to have the sat dish. Until they give you that in writing, I wouldn't do anything. I have some rental property and as soon as one of my tenants leaves a garbage can sit out I get a letter from the HOA informing me of a violation. Once you have the letter you can include that with your petition.
     
  16. Apr 26, 2010 #36 of 163
    SaltiDawg

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    I'd call Judge Judy. She'll fix 'em. :D
     
  17. Apr 26, 2010 #37 of 163
    TulsaOK

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    I totally agree with DoyleS.
    It would be an advantage to get that in writing.
     
  18. Apr 26, 2010 #38 of 163
    scooper

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    Yep - wait for them to screw up - then sledgehammer them with an FCC petition.

    Then if they still don't get the point - civil court.
     
  19. Apr 26, 2010 #39 of 163
    DoyleS

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    The other thing to do is to get a written copy of the HOA rules. In the rules there will be the process for resolving disagreements. Most everything needs to be done in writing. Once a dispute is submitted, typical rules suspend any fines until the HOA board has met and given a ruling on the case. Keep in mind that many times the HOA board is made up of some anal types that are really interested in their own agenda and that is why they get on the board.
     
  20. Apr 26, 2010 #40 of 163
    wallybarthman

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    File an FCC Complaint.

    http://esupport.fcc.gov/complaints.htm
     

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