1999 FCC Rule?

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

  1. reubenray

    reubenray Godfather

    976
    46
    Jun 26, 2002
    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. Nick

    Nick Retired, part-time PITA DBSTalk Club

    22,011
    250
    Apr 23, 2002
    The...
    Still in effect - ok on your owned or controlled property

    Search Results
     
  3. James Long

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

    49,388
    1,746
    Apr 17, 2003
    Michiana
    The "exclusive control" is the key. Read the results Nick linked or search for "OTARD".
     
  4. reubenray

    reubenray Godfather

    976
    46
    Jun 26, 2002
    Thanks - the resort has a new over-zealous real estate agent that wants to change the rules.
     
  5. MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

    10,115
    1,174
    May 17, 2010
    USA
    What he wants and what he has to allow are two different things.
     
    SamC and AZ. like this.
  6. slice1900

    slice1900 Well-Known Member

    10,491
    1,472
    Feb 14, 2013
    Iowa
    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. NYDutch

    NYDutch DBSTalk Club DBSTalk Club

    462
    63
    Dec 28, 2013
    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. James Long

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

    49,388
    1,746
    Apr 17, 2003
    Michiana
    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.
     
    NYDutch likes this.
  9. reubenray

    reubenray Godfather

    976
    46
    Jun 26, 2002
    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. MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

    10,115
    1,174
    May 17, 2010
    USA
    HOA: A dictatorship that tells people what they can or cannot do with their property.
     
  11. P Smith

    P Smith Mr. FixAnything

    25,876
    504
    Jul 25, 2002
    W.Mdtrn Sea
    There was loooong thread by Dart Vader dedicated to similar battle ...
     
  12. scooper

    scooper Hall Of Fame

    6,873
    131
    Apr 22, 2002
    Kansas City KS
    Rueben - check the link in my signature. You might want to print it out and give it to said real estate agent.
     
    SamC and MysteryMan like this.

Share This Page

spam firewall