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Guest Message by DevFuse

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


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1045 replies to this topic

#61 OFFLINE   Avder

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Posted 29 April 2011 - 05:34 PM

Any news from the front, Vader?

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#62 OFFLINE   Mr-Rick

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Posted 29 April 2011 - 05:58 PM

How is your dish grounded?

#63 OFFLINE   Lord Vader

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Posted 29 April 2011 - 06:14 PM

Interesting comments, I guess me and Vader must be in the minority with disliking HoAs.


No one should have that much power. Well, except for perhaps one individual of whom I am thinking. :D

Any news from the front, Vader?


Nothing yet. My attorney and I exchanged Emails about this for the hell of it, though. When I brought up the possibility of them deciding to not renew my lease (assuming I won the battle), he said, "Based on what you have provided me with the federal regulations, you would definitely have a legal case against your landlord."

FWIW, my attorney is a partner in what is probably the most powerful law firm in Du Page County. The principal partner there (my attorney's father) used to run the county as its GOP chairman (there are no Democrats in this county), and my mother once worked for his firm. !Devil_lol !Devil_lol

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#64 OFFLINE   spartanstew

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Posted 29 April 2011 - 06:44 PM

I am with you, but we are in the minority. It really surprises me how many people will give up their freedom to use their property as they see fit in order to obtain a perceived benefit of increasing property values.


What freedom? There's nothing that my HOA forbids that I would do anyway. You're right though, if you're prone to leaving cars on blocks in the street or your garbage cans in your yard or any of a number of other things that my HOA forbids, than it's not for you.

I have owned a house in neighborhoods with and without an HOA (currently with). I can certainly make a valid argument both for and against. While my current HOA is definitely a little tough to deal with, if you don't do anything stupid, they leave you alone. I break the rules all the time (including installing my dish without submitting a drawing of its proposed location and getting permission), but I don't do anything which my neighbors would object to, so nobody ever says anything.

My HOA fees also include things that I wouldn't otherwise have, like a pool, a clubhouse, walking trails, etc.

Like I said, I can argue both sides, and do so fairly effectively.


Exactly (bolded part). Heck, we don't even need to submit anything to put up a dish or anything like that, but if I wanted to build a 20' high shed in my backyard, I'd need permission. I'm thankful for that.

I hear from my HOA twice per year when it's time to pay dues. Other than that, I would have no idea they even existed - but, as you say, I don't do anything stupid with my property. I'm sure there's others that hear from them more often - like my neighbor across the street who's yet to mow his lawn this year and the weeks are about 12" tall - If he hasn't already, I think he'll be hearing from them soon.

I'm sure Directv can't wait to get their hands on your unit.

 
Directv customer since 2000

#65 OFFLINE   Tom Robertson

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Posted 29 April 2011 - 06:57 PM

LV, still hoping (and expecting) you'll prevail soon.

Regarding HOAs: I too have been in HOAs and have been without them. A good HOA is a good thing. They don't abuse their power, they provide group services that otherwise are more expensive, they can help solve problems. All those things can help keep property values up and generally just help with the job of maintaining a home.

On the other hand, woe is everyone in a bad HOA. I wasn't in one, but some of the neighboring HOAs were pretty close. And I've read the horror stories here too. :)

Cheers,
Tom

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#66 OFFLINE   spartanstew

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Posted 29 April 2011 - 07:26 PM

Regarding HOAs: I too have been in HOAs and have been without them. A good HOA is a good thing. They don't abuse their power, they provide group services that otherwise are more expensive, they can help solve problems. All those things can help keep property values up and generally just help with the job of maintaining a home.

On the other hand, woe is everyone in a bad HOA. I wasn't in one, but some of the neighboring HOAs were pretty close. And I've read the horror stories here too. :)

Cheers,
Tom


That's probably true Tom, and I don't want to derail the thread into an HOA thread (I think we've had that before), so I'll just say that I don't believe that every HOA is great - but if I'm buying/building a house with one, I make sure to read every bi-law and rule and get involved if I need to- but I do believe they serve a purpose and there's more good ones than bad ones. I'm just mystified, however, by those that think every HOA is evil and make blanket statements about never wanting to be a part of one - what if it's a good one? Just doesn't make sense.

I'm sure Directv can't wait to get their hands on your unit.

 
Directv customer since 2000

#67 OFFLINE   machavez00

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Posted 29 April 2011 - 07:44 PM

What freedom? There's nothing that my HOA forbids that I would do anyway. You're right though, if you're prone to leaving cars on blocks in the street or your garbage cans in your yard or any of a number of other things that my HOA forbids, than it's not for you.

Not to get too off topic, but...

Our first home was in a new subdivision and it has an HOA. One of our neighbors called it "The No Book" The ones that got me were: "No more than two dogs, two cats or two birds" Please tell me how they would know if I had more than two pets. Spies?

BTW, we still have friends there and they have DirecTV, as do several other homes.

#68 OFFLINE   dsw2112

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Posted 29 April 2011 - 07:46 PM

Not to get too off topic, but...

Our first home was in a new subdivision and it has an HOA. One of our neighbors called it "The No Book" The ones that got me were: "No more than two dogs, two cats or two birds" Please tell me how they would know if I had more than two pets. Spies?

BTW, we still have friends there and they have DirecTV, as do several other homes.


Neighbors. This isn't unique to HOA's. Most cities have ordinances regarding the number of pets in the home.

All the best to the OP. I fought a similar battle about 10 years ago. It was a property manager with an authority complex; gotta love these type of folks...
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#69 OFFLINE   machavez00

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Posted 29 April 2011 - 07:56 PM

Neighbors. This isn't unique to HOA's. Most cities have ordinances regarding the number of pets in the home.


In most states the limit is 4 dogs, above that you need a kennel license. I have three yorkies, which would put me in violation of "Rancho Cimarron's" CC&Rs

#70 OFFLINE   bobcamp1

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Posted 29 April 2011 - 07:58 PM

Every condo and home association is different in how far they go in permissible locations for satellite dishes, so I'm curious if you had to get permission to attach the dish to the inside post of your balcony? I know many folks have been told they could only keep the dish if they don't drill through condo property - in other words, the only way is a pole in a bucket of concrete sitting in the middle of their private use patio or balcony. Could they get you on grounds that you "damaged" their balcony post?

I don't want to dampen your enthusiasm or spirit, but just though it might be something to prepare for ...


Yes, they can request you not attach it to their building. My landlord did that, and I asked her about the concrete and pole solution. She said "go for it, it's within OTARD". I took it down, plugged the holes with paintable caulk, spent $10 at Home Depot, and I was done. It didn't move during a Category 1 hurricane.

#71 OFFLINE   Mr-Rick

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Posted 29 April 2011 - 07:58 PM

Lord Vader,

How is your dish grounded?

#72 OFFLINE   AttiTech

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Posted 29 April 2011 - 07:58 PM

No one should have that much power. Well, except for perhaps one individual of whom I am thinking. :D



Nothing yet. My attorney and I exchanged Emails about this for the hell of it, though. When I brought up the possibility of them deciding to not renew my lease (assuming I won the battle), he said, "Based on what you have provided me with the federal regulations, you would definitely have a legal case against your landlord."

FWIW, my attorney is a partner in what is probably the most powerful law firm in Du Page County. The principal partner there (my attorney's father) used to run the county as its GOP chairman (there are no Democrats in this county), and my mother once worked for his firm. !Devil_lol !Devil_lol


WTFConnections

#73 OFFLINE   Lord Vader

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Posted 29 April 2011 - 08:11 PM

Lord Vader,

How is your dish grounded?


By wire.

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#74 OFFLINE   trh

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Posted 30 April 2011 - 05:21 AM

I break the rules all the time (including installing my dish without submitting a drawing of its proposed location and getting permission), but I don't do anything which my neighbors would object to, so nobody ever says anything.


If your HOA requires a drawing and prior permission to install a dish, then the HOA is in violation of the OTARD. So you're not breaking any rules, they are.

#75 OFFLINE   raoul5788

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Posted 30 April 2011 - 06:23 AM

If your HOA requires a drawing and prior permission to install a dish, then the HOA is in violation of the OTARD. So you're not breaking any rules, they are.


Where in OTARD does it say there is not a requirement for permission to put up a dish or need for drawings?

#76 OFFLINE   scooper

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Posted 30 April 2011 - 07:01 AM

Check the link for yourself.

I believe what you'll see is that the HOA cannot impose a preapproval on where the Dish goes. It will also state that the HOA are not RF engineers and the places they would approve must not impinge on adequate reception (whether this is OTA or DBS dish).
You CAN put antennas on your owned and/or controlled property...

http://www.fcc.gov/mb/facts/otard.html

#77 OFFLINE   trh

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Posted 30 April 2011 - 07:09 AM

From the FAQs (I added the bolding):

Q: What types of restrictions unreasonably delay or prevent viewers from using an antenna? Can an antenna user be required to obtain prior approval before installing his antenna?

A: A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule. Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. Permits or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible. Although a simple notification process might be permissible, such a process cannot be used as a prior approval requirement and may not delay or increase the cost of installation. The burden is on the association to show that a notification process does not violate our rule.



#78 OFFLINE   raoul5788

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Posted 30 April 2011 - 08:45 AM

Thanks for the info. So it's possible to require a permit in some cases, but this isn't one of those.

#79 OFFLINE   Mr-Rick

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Posted 30 April 2011 - 08:56 AM

The HOA can have the dish removed if it is not properly grounded. "By Wire" is either an incomplete answer or an improper ground or no ground at all. The HOA will probably have a certified electrician working for them who will make that determination. Make sure the system is properly grounded to local building code or NEC Article 810 and the coax cable is grounded per NEC Article 820.

Good Luck.

#80 OFFLINE   Lord Vader

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Posted 30 April 2011 - 09:08 AM

Mine is properly grounded. My response above was intentionally curt.

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.





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