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Discussion in 'DIRECTV Installation/MDU Discussion' started by Lord Vader, Apr 27, 2011.
I'm speaking to my attorney tomorrow just to keep him informed.
So in summary, your current dish install is not covered under OTARD and your complex had every right to tell you to take it down.
Glad to see you're getting the non penetrating mount installed next week.
Actually, my current setup IS covered under OTARD. In fact, several years ago these idiots told me the 5-gallon bucket installation I had at that time was unsafe, so the dish was then anchored to the railing.
I have something in mind that I am considering doing after I sign the papers on my renovated apt. It's not the mailings, which I still intend to do in some manner. No, let's just say it's something more obvious. I won't elaborate on that now, but it just might make the news. :up_to_som :evilgrin:
I really feel like squeezing management's balls here. !devil12:
Yeah, why didn't they just ask you to go non penetrating in the first place, rather than saying you have to remove it..
Oh, that's right, because they don't want you to have it at all, and then when they found out its illegal to make you take it down completely, they decided to try and hold you to the letter of the law so they can hopefully catch you on that and then force it out.
As long as you play dumb and don't do anything against them till you have a new lease signed (hopefully more than a year) I think you will be fine.... sending out letters and getting everyone to directv... Just make sure your rental agreement doesn't state that you can;t communicate to other residents in any way, or something of that nature....
Oh, I'm going to communicate with the other residents, and communicate in more ways than one.
After you get your lease signed and if you have it anywhere in writing that your complex doesn't allow individual dishes because of their exclusive contract with Dish, I'd file the petition with the FCC. And I would list the parent company on the petition so that way you'd be possibly covering all 15 of their complexes.
^ You really want LV to fight everyone else's battles for them, don't you?
Vader, even after you sign your new lease in August, be careful on using the full power of the Force on these folks. Ultimately, they own the building and your lease.
Harsh said it best: give these folks a way out. Get what you want, but don't make them wrong in the process.
Apparently he does.
If they did so in writing that would be one nice piece of evidence in your favor.
He has already provided the OTARD to other residents; he says he is going to do something that might the news; that he still might let all the residents know about the law; and that he wants to really squeeze managements balls. What better way than to have the Federal government apply a little pressure (if he can document that they have a policy not to allow other dishes).
I'm just giving him another avenue to use. But get your lease signed first.
THAT is my first priority.
The more I've been thinking about this situation, the more irked I become, so much so that my attorney has drafted a sternly worded letter addressed to the management company. In the letter is contained information that ought to concern the management, even more so if they did decide not to let me re-lease following the renovation.
I've been very patient and understanding of some things, including something totally unrelated to this dish issue. Now I'm considering ending this patience and getting tougher.
Not a bad idea. A letter from a lawyer can have a lot more impact then a letter from you.
Here's why my patience has run thin lately...
Several years ago they told me they were worried about the safety and liability of a pole-mounted dish, so they first told me I couldn't have a dish. I explained OTARD; they backed down; they then asked me to reposition it to the balcony's railing or post. No problem. Done (much sturdier with the Slimline anyway)
A couple years later a new property manager comes along and tells me I can't have the dish. Again, I show her the OTARD stuff; she backs down; dish can stay.
Early this past December on a bright, sunny, cold day, with no snow or ice on the sidewalks anywhere (an important point here), I'm walking to my building's main door and unexpectedly hit a large patch of ice. There was ONE square of the sidewalk that inexplicably had a perfectly shaped, square sheet of ice. I wiped out and fell. (Turns out that someone had used the faucet on the building and ice built up on the sidewalk.)
I never at the time considered suing or even saying anything about that fall. I just simply chalked it up to bad luck. I didn't want to be one of those people who runs to a lawyer the first time something like that happens. However, several weeks later my right arm (I'm right-handed, too) started killing me. There was increasing pain in the elbow and surrounding area, the part that hit the ground when I fell.
I went to visit my orthopedic doctor, who ended up giving me cortisone shots. Nothing was broken or torn. I finally informed the leasing office of this, and they asked me to file an incident report. Shortly thereafter, their insurance company called.
The shots I got in January did help, but over the last several weeks the pain came back and got worse, so once again I went to the doctor, who once again gave me cortisone shots.
Now comes the management bitching about my dish again.
A few days ago, after telling me about this so-called "compromise," Amanda the property manager asks, "Haven't you been using that additional storage unit outside your door? You know, we've never even charged you for it the last couple years. We're not going to back charge you for it now, but beginning June 1st we're adding the $20 charge for it onto your rent." Gee, what a coincidence, huh? Now they're nickel and diming me.
In the latest situation, they're now demanding I take down the dish from its sturdy position on the balcony's post and put it onto a mount. Now, as sturdy as a NP might be, it's not nearly as secure as the post. Seems to me they're increasing their liability if that thing should blow off the balcony in any way.
In this "compromise," they threaten me with the explanation that if I don't reposition my dish, they reserve the right to not let me back here after my renovation.
They keep telling me they "don't allow dishes." Whatever.
In short, they're just pissing me off. In this letter from my attorney, he's bringing up the fact that I didn't threaten THEM with a lawsuit for the fall in December, but that if they wish to threaten ME with non-renewal, he reserves the right to sue for the accident (I've got plenty of time to still do so) and for their violating the OTARD rules, etc.
The next chapter should be a good one.
I'm actually thinking of even foregoing the letter and asking strongly/demanding that this regional manager meet with me (and my attorney). I'm sure she's got an army of attorneys. Bring them on! Mine just happens to be the guy who once ran all of Du Page County, is the head of his own firm, and is quite well-connected, if you know what I mean.
I have foreseen it
I'd still send the letter from your lawyer. Be the first to invoke the lawyers. You immediately start costing them a significant amount of money. Your best bet remains to get them to fold, and they may chose to do that before this issue gets out of hand, financially speaking.
Plus that is the right first step, and these matters are done best when they go step by step.
And I'd hold off now on bringing in your possible injury and their negligence. Leave that for an Ace in the hole. Your lawyer may want to play that card later if he gets in the middle of a nasty negotiation and has to pull out this file about how you have all this documentation about a negligence suit. Plus you are best if you keep on topic now, and that's your right to have a satellite dish on your balcony.