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Guest Message by DevFuse

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Condominium Problem - need advice


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34 replies to this topic

#26 OFFLINE   trh

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Posted 27 December 2012 - 07:40 AM

Nothing in the OTARD grants you the right to install a hurricane proof dish. You want to drill holes into a building, then you need to get out of a condo and buy a house. Or get a change to OTARD. But until then, your association has every legal right to prevent you from drilling holes in their building.

As for access to local news, I recommend an OTA antenna. With most severe weather and a dish, you're going to lose reception so get an antenna to receive your local channels.

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#27 ONLINE   SayWhat?

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Posted 27 December 2012 - 07:54 AM

As for access to local news, I recommend an OTA antenna. With most severe weather and a dish, you're going to lose reception so get an antenna to receive your local channels.


Yup. With the heavy cloud deck and rain, you'll lose signal long before the main brunt of the storm arrives and it will stay out until long after the storm passes regardless of the dish moving or not.
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#28 ONLINE   AntAltMike

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Posted 27 December 2012 - 08:28 AM

In light of the fact that hundreds of thousands of DBS satellite subscribers use non-penetrating mounts, the FCC will not consider requiring the use of one to aviod damaging an exterior surface that the HOA may be responsible for maintaining does not constitute an unreasonable expense.

I know steel prices have gone up since I used to buy these a decade ago, but I used to get commercial grade, non-pen mounts with square bases with trays that held 8 cinder blocks for $50 each. I know they cost more than that now.

Last I knew, the major manufacturers of those mounts, Baird and Rohn, would tell you for free how much ballast you would have to load onto their appropriate sized mount to withstand a 125 MPH wind in your situation. For the SWM dish, I'd guess six blocks is enough, eight tops. I think you can buy a suitable mount and blocks for under $100. I don't see why anyone would fight over that amount.

#29 OFFLINE   harsh

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Posted 27 December 2012 - 09:06 AM

Since I've had DTV for 15 years, attached to the concrete, if I simply go ahead and re-install the dish properly, do they have the legal rights to actually fine me?

They have all the rights that you gave them when you entered into a contract with them. These rights can absolutely supersede those rights otherwise guaranteed by law.

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#30 ONLINE   AntAltMike

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Posted 27 December 2012 - 04:18 PM

They have all the rights that you gave them when you entered into a contract with them. These rights can absolutely supersede those rights otherwise guaranteed by law.


The FCC regulations regarding the placement of DBS satellite dishes explicitly supercede all laws, regulations and restrictive covenants.

#31 OFFLINE   harsh

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Posted 29 December 2012 - 11:14 AM

The FCC regulations regarding the placement of DBS satellite dishes explicitly supercede all laws, regulations and restrictive covenants.

Even if you specifically waived those rights as part of a contract?

I'm dubious.

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#32 OFFLINE   P Smith

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Posted 29 December 2012 - 11:45 AM

Even if you specifically waived those rights as part of a contract?

I'm dubious.


Not in California at least.

#33 OFFLINE   trh

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Posted 29 December 2012 - 01:28 PM

Same here in FL.

#34 ONLINE   AntAltMike

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Posted 29 December 2012 - 05:19 PM

There would be no point in writing into the law that the rights supercede any written into a contract if a party could pressure someone into foregoing those rights in a contract. I doubt that a contract that says my landlord doesn't have to meet residential occupancy standards for cleanliness or minimum winter temperature is enforceable either.

#35 OFFLINE   Herdfan

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Posted 30 December 2012 - 08:02 AM

Even if you specifically waived those rights as part of a contract?

I'm dubious.


The issue then is that the provision is invalid because it conflicts with the law. Just like an employee can't waive his rights to overtime pay.

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