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HOA Restricting Dish

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

  1. Apr 26, 2010 #41 of 163
    LilGator

    LilGator Cool Member

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    Well, this is essentially what has happened here. Since I'm leasing, the HOA has sent a letter to the owner of the condo informing them of the "violation" they are "enforcing".

    The FCC petition has me intrigued- the problem is the timing and whether it would be effective or not. Just the threat of it, or the action of the petition taking place won't be enough.

    I can say that bullying the HOA isn't going to work. They just flat out don't care. Bring it on is their attitude, calling any and every bluff.

    The landlord has been helpful and is even willing to pay the difference switching back to cable would cost. I'm trying my best not to cause problems for him because I know it's not in his interest to spend significant time/money on this.

    What I'm reading in the HOA master deed is that refusing to take something down gives them the right to enter my unit, remove it themselves, and charge me for the costs involved. Obviously they can also revoke my landlord's ability to lease here, killing my ability to lease from him here.

    Is there any way I can get Dish Network to throw their weight around? I'm guessing they'd just say tough luck, here's your ETF.
     
  2. Apr 26, 2010 #42 of 163
    ffemtreed

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    I wouldn't budge one inch. I fought my HOA when I was a renter and as soon as they got served the civil case against them they changed their minds pretty quickly.

    Let them come and remove your dish, that just works in your favor. When your dish is missing you call the police and file a theft report.

    At this point I would sending each one of your neighbors in the HOA a copy of the FCC law and Dishnetworks or Direct TV flyer and a little statement of how much better and cheaper it is then the local cable company.

    At this point you just need to lay and let them bring it. No need to feed the wolf. As soon as they take a tangible action (such as levy a fine against you either directly or indirectly or steal your dish) is when you go on the offensive.

    PS If it comes to it your lawsuit should include relocation fees as an expense to the HOA.
     
  3. Apr 26, 2010 #43 of 163
    matt

    matt New Member

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    I agree with this post. I really dislike HOAs, don't let them push you around.
     
  4. Apr 26, 2010 #44 of 163
    LilGator

    LilGator Cool Member

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    Here's some info I found links for.

    Master Deed: http://nhenterprises.com/assets/pdf/The_Brio/Brio Master Deed Part 1.pdf

    Portion relevant to satellite dishes (apologies for any OCR errors):

    Not budging one inch is what I want to do, but it seems like all that would accomplish is getting my lease terminated and evicted:

     
  5. Apr 26, 2010 #45 of 163
    James Long

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

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    Sounds good to me ... strict compliance with OTARD would ALLOW you to have an antenna (or more) up to one meter in size (each) in order to receive satellite service. There are restrictions on where it can be placed, but the HOA cannot make unreasonable restrictions on installation of antennas.

    This is the EXACT clause to include with a copy of OTARD. The board is directed to follow federal regulations by it's own deed!
     
  6. Apr 26, 2010 #46 of 163
    LilGator

    LilGator Cool Member

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    Well, Dish Network is offering nothing. They are telling me to either cancel service or move, giving me my ETF amount.
     
  7. Apr 26, 2010 #47 of 163
    Slamminc11

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    nor should they. This isn't Dish's fight, it's yours and your landlords against your HOA.
    I would take what has been provided for you here and fight this, as should your landlord. You can turn tail and run, but that just gives the HOA the balls to continue to be heavy handed with the next person. You have the knowledge to fight this, you have the information to fight this, you have the landlord willing to stand up to them, so do it!
     
  8. Apr 26, 2010 #48 of 163
    scooper

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    It's time to (figurtively, anyway) - "Kick the HOA board in <private space>" and show them they are not the Gods of the Universe they seem to think they are.

    Ask your landlord for a copy of the letter, and get started on your FCC petition as outlined earlier. Keep him advised, and it sounds like you have a good one.
     
  9. Apr 26, 2010 #49 of 163
    phrelin

    phrelin Hall Of Fame DBSTalk Club

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    Northern...
    I hate people who dishonestly try to use a little authority to bolster their egos. So I would file a petition and write a letter like I suggested above. But with that said....

    We all have to pick our battles. You may not choose to carry this banner. But the nice thing about this one is you will win. They have to act affirmatively in violation of federal law. But you'll tick off somebody. For all we know, it might be everyone in the building. On the other hand, one heavy handed bully may be a problem for everyone else and you'll be the hero.

    Whatever you choose, it's you're life, not mine.
     
  10. Apr 26, 2010 #50 of 163
    LilGator

    LilGator Cool Member

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    The FCC petition is no problem, and I'm getting started on that gathering everything I need.

    The problem is that realistically I've probably got about a week before I start getting pressure from my landlord, who's getting pressure right now from the HOA.

    I have to take action somehow, and filing a petition won't change anything in the short run here.

    My options right now seem to be:

    1) Cancel Dish, comply with the illegal rule, petition the FCC and wait.

    2) Do nothing, eventually getting my lease terminated and I evicted, petition the FCC and wait.

    This is ****ing ridiculous.
     
  11. Apr 26, 2010 #51 of 163
    Dishcomm

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    Print the entire OTARD rule form the fcc.gov site...highlight the fact sheet on satellite dish placement and rules regarding use of same.
    Take this and hend it to the biard president or whomever. Then you say "have a nice day" and leave.
    There is NOTHING your HOA can do about your sat dish as long as you are compliant with the FCC rules. According to your description of your dish,. you seem to be compliant.
    Your HOA can yell, scream, jump up and down, hold their breath until theyr pass out, threraten to fine you, etc, but they cannot legally compell you to remove or remove your dish themselves.
    Nada. Nope. End of story.
    link....http://www.fcc.gov/cgb/consumerfacts/consumerdish.html....
    BTW, you can offer up a big fat Wyoming Salute from me to your interloping busy bodied, blue haired old bitties on your HOA board.
    I love it when I get the opportunity to shove the fcc rules right up their noses.
     
  12. Apr 26, 2010 #52 of 163
    Juggernaut

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    In general HOAs can do very little to enforce anything. We have a no-dish rule in our bylaws, but about 40% of the homeowners have a dish (including myself, in fact one neighbor is so upset about how 'ugly' mine is that we no longer speak). We have one member that hasn't payed his dues in three years, yet we still must pick up his trash and mow his lawn. We have spent thousands on legal fees, but there is really nothing we can do except put a lien on his property for the past dues and legal fees. We can collect if he sells, but as long as he stays put, we are out of luck. We can foreclose, but we'd lose money to do so now because he doesn't have enough equity to pay the massive legal fees. "Luckily" in about 8 more years we can actually foreclose, and get our money back.
     
  13. Apr 26, 2010 #53 of 163
    Dishcomm

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    do not move your dish. Let the HOA be the ones in violation.
    Here's where you start documenting everything that occurs. Every letter form the HOA, every phone call. Record all phone conversations.
    Let this go for a month. You are collecting evidence.
    If it doesn't stop after 30 days, go to your local courthouse and file a civil complaint in small claims. You do not need an attorney. The people at the courthouse will help you. It would not hurt to google some info on how to determine if you have a legitimate small claims case.
    I think you can serve the papers via "REGISTERED not CERTIFIED mail.....Again, check your state's regulations on this.
    It appears to me these HOA people are not interested in the laws of the land.
    They think that HOA is their own little private fiefdom and no one is goiong to tell them how to run it. Their arrogance will be their undoing.
    If I were you I would try to non-verbally dare them to remove or otherwise disable your dish..
    In fact if i were in your shoes I would torment these mother effers. But that's just me. I have a twisted mind when it comes to getting back at people I think are screwing with me.

    Keep us posted... Above all, do not be concerned. Just let them do their thing. Collect every piece of paper. Document and record every phone call. Save every email.
    Oh one more thing...DO NOT under any circumstances let the oppostion know what you are doing. DO not threaten to sue or anything else. In fact just smile and wave when you see any of the HOA board members. They will be scratching their heads wondering why you are being so pleasant towrd them....
    Told ya I was twisted.....
     
  14. Apr 26, 2010 #54 of 163
    Dishcomm

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    Oh yeah...the news media.. especially tv..they will leap all over a story like this!!!!!!
     
  15. Apr 26, 2010 #55 of 163
    Dishcomm

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    not a bad idea.. I watch that show. She seems to favor the little guy in cases where there is a bully. In this case the HOA is the bully.
    Heck they pay each litigant to be on the show. But the judgements are paid by the loser if any.
     
  16. Apr 26, 2010 #56 of 163
    Justin23

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  17. Apr 26, 2010 #57 of 163
    James Long

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

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    Stepping back a moment ...
    Just a quick clarification ... you don't own the condo, the landlord owns the condo? The landlord is the one who holds the deed and is part of the HOA and you're renting from the owner?

    If so it puts you on a different level ... it is more the owner's problem than yours. If the landlord is friendly you can arm him well but the fight is between him and the HOA ... and if he doesn't want to fight then the fight becomes between you and the landlord. You vs the HOA doesn't seem to be the level.

    You can still fight for your right to have a satellite DISH, but your fight is with the person you have a contract with ... not the group that your landlord has a contract with. Dealing with the HOA is his battle, not yours.

    (Unless I've read this wrong ... people owning condos don't usually have landlords.)
     
  18. Apr 26, 2010 #58 of 163
    Dishcomm

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    C'mon..DOn't cave. How many times have you seen others who will simply refuse ot take a stand on anything and just wanted to spit nails..
    This is your opportunity to take a stand and say "enough! I will not be pushed around!"....
    Like the late Jimmy Valvano said. "Don't give up. Don't ever give up"...

    Take a stand. If not just for yourself, but for everyone else who has been threatened by these pukes...
    Oh, the HOA cannot do anything like you describe to your landlord. That is illegal and the HOA knows it.
    To them, this is a challenge to their self appointed power. Usually these are the easiest people to push over the edge into doing something stupid. That is people guided by emotion. And your HOA board members are guided by emotion.
     
  19. Apr 26, 2010 #59 of 163
    scooper

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    Lease holders are protected as well as owners. It's the occupant who is protected. As long as the lease holder is following OTARD, he is covered just as well as the owner of the property.
     
  20. Apr 26, 2010 #60 of 163
    Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    James said what I was going to, but I'll say it anyway :)

    The real problem the OP is running into here is that his landlord doesn't seem to want to fight the HOA.

    If you are the homeowner or landlord, then you'd 100% win this fight... but if you are leasing/renting the condo, you might be evicted or out on the street when you win the fight unless your landlord wants to fight with you.

    So for as much as many of us hate HOAs... the bigger roadblock here seems to be the OP's landlord doesn't want to fight. I really don't know what to do in that scenario... because while the HOA is 100% wrong, the landlord probably doesn't have to fight it if he doesn't want to.

    And the way the FCC has things written... the landlord has the right to erect an antenna without asking the HOA for permission... but the person renting/leasing doesn't have the right to erect an antenna without permission from the landlord.

    In other words... I can put a dish on my house that I own and the HOA can't stop me... but if I turn around and rent my house to someone, I don't have to permit that person to put a dish on my home that I'm renting to them.
     

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