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1999 FCC Rule?

Discussion in 'General Satellite Discussion' started by reubenray, Mar 30, 2019.

  1. Mar 30, 2019 #1 of 17
    reubenray

    reubenray Godfather

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    It has been years since I have had to deal with a HOA saying dishes are not allowed. Is this rule still in effect? I am in a RV resort that has individual deeded lots that a small house can be built on. The owner's of the resort are now saying no new homes can have dishes installed. From what I remember the HOA or orwner can try to tell where you can or cannot install a dish, but ultimately they cannot stop you from installing a dish. I have a dish on my house, but a few of my neighbors are getting theirs built, so I told them I would check into this.
     
  2. Mar 30, 2019 #2 of 17
    Nick

    Nick Charter Gold Club Member

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    Still in effect - ok on your owned or controlled property

    Search Results
     
  3. Mar 30, 2019 #3 of 17
    James Long

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

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    The "exclusive control" is the key. Read the results Nick linked or search for "OTARD".
     
  4. Mar 31, 2019 #4 of 17
    reubenray

    reubenray Godfather

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    Thanks - the resort has a new over-zealous real estate agent that wants to change the rules.
     
  5. Mar 31, 2019 #5 of 17
    MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

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    What he wants and what he has to allow are two different things.
     
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  6. Mar 31, 2019 #6 of 17
    slice1900

    slice1900 Well-Known Member

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    If you own the lot, they can't stop you from putting up a dish or antenna that is less than 36" wide, so a Directv dish is fine. The overzealous agent probably knows the law but also knows most people either don't know the law or aren't willing to put up a fight over it.

    Hard to believe anyone would try put rules like that in an RV resort? Are they only allowing the super RVs that cost half a million and up or something? Because when I think "RV resort" I certainly don't think high class place where a satellite dish is making it look bad :rolleyes:
     
  7. Mar 31, 2019 #7 of 17
    NYDutch

    NYDutch DBSTalk Club DBSTalk Club

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    There are certainly some RV parks that lay claim to the "resort" name that shouldn't, and there are others that have very much earned the name, and charge accordingly for staying there. Some parks with deeded or leased sites that cater only to high end Class A motorhomes less than 10 years old that can easily cost northwards of $1 million may have buy-in prices that rival property prices in the best neighborhoods. Check out Bella Terra in Foley, AL. The lots currently available for resale range from about $65K up to $230K.

    That said, I wonder what the park management in question thinks about the Winegard Trav'ler and similar automatic aiming full sized dishes that many high end and other motorhome owners have installed on the roof. Or the similar, slightly larger, automatic aiming satellite Internet dishes some have installed.
     
  8. Mar 31, 2019 #8 of 17
    James Long

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

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    What is the park in question seeing that is prompting them to change the rules? I can see where a slew of junky looking dishes could lead ownership to say enough is enough and want to make moves to improve the property for the benefit of all of their clients. I can also see where a new agent may have never set foot on the property and is making rules based on experiences elsewhere.

    A dish installed on a motorhome would certainly be protected by OTARD. From the description of the resort, allowing people to build their own "small house" leads me to believe that the lot owner has exclusive control over the lot and could install a dish under 36" (or multiple dishes under 36", if needed to receive the package they subscribe to).

    What people normally forget is the exceptions to OTARD ... dishes can be restricted on historically significant properties and can be limited as long as the limits to not significantly increase the cost of installing a dish. So a "back yards only" rule could be considered valid as long as a working dish could be installed without significant additional costs. Properties can also install common antenna systems to avoid having a multitude of dishes for the same company. But they can't install a common antenna that works for DIRECTV and force DISH subscribers to change to DIRECTV to get service.

    The biggest exception to OTARD is non-controlled property. Places where the roof and outside walls of a home are defined as common property and are not under the exclusive control of the homeowner/renter. Grass areas that are shared among neighbors ... the patio or balcony may be under exclusive control, but not the yard. And even if you can put a dish on a balcony/patio, one may have trouble getting the cable to the receiver when wall penetrations are forbidden (and that rule is allowed under OTARD).

    It does not sound like the resort in question fits any of the exceptions and a "no dishes" rule would not be valid. But OTARD does not guarantee any dish desired in any location desired.
     
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  9. Mar 31, 2019 #9 of 17
    reubenray

    reubenray Godfather

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    The change is a new real estate agent. He is trying to rewrite the HOA's for his advantage. I would be very much surprised if he know anything about the FCC rule of 1999. It is still in the development/building stage and it has not been turned over the owner's yet. One of my neighbors is having a house being built and he commented that they could not have a dish. I have been the go to guy for wifi and satellite questions and they asked me. I have a dish as well as several other's on their houses.

    This RV resort is not one that caters only to multi-million dollar coaches. It is right down the street from Bella Terra. It does have restrictions on age (not over 10 years old), lenght and it accepts only fifth wheel RV's, Class C and Class A motorhomes.
     
  10. Mar 31, 2019 #10 of 17
    MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

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    HOA: A dictatorship that tells people what they can or cannot do with their property.
     
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  11. Apr 1, 2019 #11 of 17
    P Smith

    P Smith Mr. FixAnything

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    There was loooong thread by Dart Vader dedicated to similar battle ...
     
  12. Apr 1, 2019 #12 of 17
    scooper

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    Rueben - check the link in my signature. You might want to print it out and give it to said real estate agent.
     
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  13. Dec 19, 2020 #13 of 17
    jsk

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    Make sure you put up a huge OTA antenna just for spite.
     
  14. Apr 17, 2021 #14 of 17
    Claude A Greiner

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  15. Apr 18, 2021 #15 of 17
    MrWindows

    MrWindows New Member

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    No, the HOA is You! If you choose not to participate, then you deserve what you get. HOA's can be useful in maintaining property values and preventing your neighborhood from becoming a ghetto.
    In this case, it sounds like the builder hasn't yet turned over control of the HOA to the homeowners, which usually happens at 75% buildout or whatever is called out in the HOA organizational docs. The homeowners, or in this case lot owners, would be justified in pushing back against the property manager if they are not adhering to the CC&R's filed with the county. Get them and read them.
    Yes, I am on an HOA board, and I am one of the biggest advocates for homeowners, as I too have been on the receiving end of 'Nasty Grams' and violation fines. Engaging and participating in the governance of your HOA can go a long way to eliminating conflict and misunderstanding of the what and the why.
     
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  16. Apr 18, 2021 #16 of 17
    MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

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    Where I live we don't need a HOA to prevent undesirables from turning our neighborhoods into ghettos. Local government and local law enforcement takes care of that. It's been that way where I live since the early part of the last century. Hence no need for a HOA because the residents are all on the same sheet of music when it comes to maintaining our property values.
     
  17. Apr 18, 2021 #17 of 17
    James Long

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

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    On a good day the HOA is a consensus of the owners. If your opinion does not agree with the consensus then you lose, regardless of your level of participation.

    I live in a subdivision with deed restrictions instead of an active HOA so I have the benefit of the written rules that protect my property from a neighbor that wants to violate the deed restriction. But I don't have the benefit of a process to change those rules or to enforce the rules without personal lawsuits. We are now in the third generation of owners and many don't know of the deed restrictions (I didn't for several years after my purchase) and don't feel bound by them. Fortunately no one has made changes that made the neighborhood "junky".

    I could call code enforcement if there is a violation of zoning or other laws. But they are more likely to enforce zoning that applies to ALL properties in that category than respect deed restrictions. In one area (outside my subdivision) where neighbors tried to use deed restrictions to prevent a zoning change the zoning board and council clearly stated that they would not enforce deed restrictions.
     

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