HOA bummer

Discussion in 'DIRECTV Installation/MDU Discussion' started by lifeislife, Mar 15, 2008.

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  1. Mar 15, 2008 #1 of 106
    lifeislife

    lifeislife Legend

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    After a long long wait, my installation appointment finally arrived today (long wait primarily because escrow was not closed for a few weeks after I placed the order).

    The installer came in, surveyed the area, and finally came to the conclusion that the dishes (getting international in addition to HD) will have to be installed on the backyard wall of the townhouse.

    I agreed to the plan of the cabling and installation, and he went to his truck to get prepared for the installation. Meanwhile, some lady from a neighboring house noticed the truck and the dishes and came by to the installer and asked him to have me call the HOA president.

    As it turns out, I need a written permission to get any dish installed on the property! By this time, I was feeling my heart sink and stomach compress, because I could see that the dish was not going to get installed today.

    I pleaded my case and that of the installer (he was not going to get paid today because this was his only job). The lady from the HOA said 'no'.

    So after all the waiting, it turns out that I may have to wait for a week or 2 to get it installed. Also, I was warned to get it installed not on the wall but maybe on the roof or on a tripod.

    The bottom line is that I am not going to see it today, tomorrow or perhaps even the next weekend!

    Not cool. Not cool at all! :-(
     
  2. Mar 15, 2008 #2 of 106
    farjo08

    farjo08 AllStar

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    From what you said, you live in a townhome? I know they have rules about "common space" but if the install is on your residence, there is nothing the HOA can do to prevent it. I live in ana HOA (home, not a townhouse) and per FCC an HOA can NOT prevent you from installing an OTA or Dish. With townhomes / condos I believe there is some difference in that rules would prevent an install in what is considered a common area, but if the dish is being installed in your "Zone" or attached physically to your townhome, you do not need permission and there is nothing the HOA can do to prevent the install.

    Sorry to hear about your issues. I know the FCC has documents about this (I don't have an exact link) - I am sure you can find it by visiting the FCC site and doing a search.

    Before my locals were available through DTV I installed an OTA which normally would require HOA approval on install location, however since it was my residence and the HOA could not prevent it, I did the install anyway, but did contact them afterwards and let them know about the install, location, etc. and they were fine with it.

    Bottom line, don't let your neighbors or HOA give you a hard time about something you are legally obligated to do.

    Keep us posted on your progress.
     
  3. Mar 15, 2008 #3 of 106
    Tom Robertson

    Tom Robertson Lifetime Achiever DBSTalk Club

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    Major Bummer. :(

    Very often one needs HOA signature or installers won't install (as you found out.) :(

    Know your rights, if the building wall is your property and not "common area", you should be able to install there. (Typically HOA's would prefer that over roof installs as roof problems can affect multiple units.)

    And is the property rental or owned? (I'm guessing an owned townhouse given the comments about Escrow.)

    Good luck,
    Tom
     
  4. Mar 15, 2008 #4 of 106
    JohnL

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    Life,

    As was already stated if the installation of the Dish(s) and or OTA antenna is on your property or in your exclusive use area then the HOA can't restrict the installation.

    The FCC link is; http://www.fcc.gov/mb/facts/otard.html Print out the rules and present them to the HOA board or president and tell them to sue you. On the date of your court hearing present the judge with the rules and within 2 minutes you will walk out of court with the HOA board losing and possible owing you any and all court costs, DONE.

    I hate HOA's or any person or entity that tries to tell you what you can or can't not do on your own property.


    John
     
  5. Mar 15, 2008 #5 of 106
    SamC

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    Inform Mrs. Busybody of the above cited law and regulation. Inform her that you are giving her one last chance to conform her actions to these or you will sue her and her HOA, and when you win you will not only put your dish where you please, she will pay your attorney's fees and a sufficient penalty to insure that she follows the law in the future.
     
  6. Mar 15, 2008 #6 of 106
    tcusta00

    tcusta00 Active Member

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    They serve their purpose and homeowners are fully aware of their existence and bylaws before settling on the home. Their aim isn't to hinder but to keep property values high. We owned a townhome in an HOA community and the properties were all kept orderly and neat. A mile down the road was a townhome community whose HOA had disbanded and the values of those townhomes are about 20% less than the average of the community I lived in, all else equal. People were putting giant above-ground pools in their tiny backyards, chain link fences up, painting the houses whatever color they wanted that didn't match the rest of the row, etc. etc. etc.

    Don't bash 'em man!

    That said, they have no right to keep you from installing a dish on the controlled part of your property. I hate nosey neighbors that try to make trouble for no good reason, too.
     
  7. Mar 15, 2008 #7 of 106
    carl6

    carl6 Moderator Staff Member DBSTalk Club

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    The correct reference to the FCC regulations has been posted. I would urge all to be very careful about offering, or accepting, legal advice or suggestions without checking with your own lawyer.

    Good luck, I see no reason why you won't be able to your DirecTV service. You just need to follow the correct procedure. I personally am not a big fan of HOA's, but certainly see their purpose and recognize a great many people have a strong preference for them. That issue/discussion has been pretty well beaten to death in other threads here already.

    Carl
     
  8. Mar 15, 2008 #8 of 106
    JohnL

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    Tcusta,

    HOA's are not the answer, town ordinances are the way to go. Leave people alone. Home of the Free, my foot.

    I'd love to the see the face on Mrs. Busybody after "HER" HOA not only lost the suit but also lost a bunch of money in court fees and penalties.


    John
     
  9. Mar 15, 2008 #9 of 106
    lifeislife

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    Wow, I did not think a seemingly innocent vent-y post would generate so much dialog :)

    I think the HOA covers the exteriors including roofs, especially from an insurance perspective. So their concern about sub-standard installers (or DIY residents) doing something that may impact their covered items may be somewhat legit.

    What I don't understand is why it would take "a week or two" for the HOA to get this thing approved. This bureaucracy and 5-level approval nonsense is something that can be avoided by simply having this document provided as one of escrow closing documents so that the residents can be with TV service from day one.

    Now that it will take "a week or two" to get the approval, I am forced to go with comcast for that much time because in this day and age, who has heard of life without television for that long? ;-)
     
  10. Mar 15, 2008 #10 of 106
    lifeislife

    lifeislife Legend

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    In this case, it was not the installer, it was a nosy neighbor who asked him to ask me to call the HOA manager! The installer in fact wanted to get the install done because from what he told me, he would not get paid that day because this was the only job he had!

    And surprisingly after talking with the HOA manager lady, I realized that a roof install may be the best option because with a roof install there would be virtually no external wires visible.

    Yes, it is (newly) owned.
     
  11. Mar 15, 2008 #11 of 106
    bobnielsen

    bobnielsen Éminence grise

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    I would be very surprised if there are any HOAs which are not already quite familiar with the OTARD regulations. I was on the board of a HOA 10+ years ago when we became aware of this and realized that we had little control over dish installations. The Community Associations Institute (to which many HOAs belong) distributed some literature on the subject also. We did pass a resolution asking our members to pick the least obtrusive location which would ensure satellite visibility. I don't live there any more but there were several installations with no problems by the time I left.
     
  12. Mar 15, 2008 #12 of 106
    lifeislife

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    Has the size of the dishes been an issue with HOA's for anyone? The 2 dishes the installer brought were the HD dish and international dish, both of which did not look "round" but kinda flat and oval. The installer seemed to think the neighbor came by because she thought the dishes were too big. Granted that it was just his conjecture, but in any case I find it hard to imagine how anyone could have problems with what is "standard" dish size now.
     
  13. Mar 15, 2008 #13 of 106
    litzdog911

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    Both of those dishes are well under the 1-meter (39-inch) OTARD rules.
     
  14. Mar 15, 2008 #14 of 106
    Grentz

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    Wow, that FCC rule is pretty horrid for some areas. I mean we live in a pretty loose HOA, but we have rules against things like outbuildings, parking cars/boats in the driveway for long periods, etc.

    It would stink if my neighbor wanted to put up a huge tower on his roof with a TV antenna or have a trailerpark setup of tons of dishes in his yard, seems under that FCC rule there is nothing the HOA could do but allow it and let our property values decrease.

    I get the idea from both sides though, the rule is very helpful if you have a stuck up HOA that is trying to stop you from getting any TV.
     
  15. Mar 15, 2008 #15 of 106
    Tom Robertson

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    What seems to happen in many HOAs is that as the volunteers rotate in and out, knowledgthe of things like the OTARD get completely lost to the new members of the board. Since they often don't build the OTARD details into their HOA bylaws, the knowledge is completely gone quickly enough.

    (And there are still HOAs that think that OTARD doesn't apply to them for some reason.)

    Thankfully, I think you are correct in that most HOAs have some knowledge or at least relent quickly.

    Cheers,
    Tom
     
  16. Mar 15, 2008 #16 of 106
    bdowell

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    :nono2: and :eek2:

    Glad I don't have to worry about the type of controls you might want to impose upon me and my ability to watch TV as I please. (And glad that the FCC did away with a bunch of the crap that came from people with no regard for the rights of others to enjoy their TV and receive the signals available to them).

    By no means am I supporting a rat's nest of mini-dishes in a dish farm, but mini-dishes aren't the ugly little eyesores that some (see above ^^) portray them to be. Nor are the old fashion over-the-air antennas that are needed to receive broadcast signals (those antennas are also covered in the FCC's regulations by the way).

    Besides, who is to say that I won't find the color schemes and 'approved decor' that that thug's on the HOA's board approves offensive to my own tastes? (Which is part of why I won't live in a place that has such 'management' and won't support such management if I had to be involved with it in any way).
     
  17. Mar 15, 2008 #17 of 106
    Thaedron

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    And that's why it is great that we live in a country where everyone has a choice. If you like HOAs, you have options. If you don't like HOAs you have options. Everyone is free to choose. Neither choice is "better", they are merely different.
     
  18. Mar 15, 2008 #18 of 106
    tcusta00

    tcusta00 Active Member

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    My sentiments exactly.

    Anyhow, I think the OP has enough info to make an informed decision on how to handle his situation. Let us know how it works out for you!
     
  19. Mar 15, 2008 #19 of 106
    Grentz

    Grentz New Member

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    You misunderstood what I was saying then....I have no problem with a dish or antenna, and we do NOT live in an HOA that is really strict with colors, decor, etc.

    Is what I am saying is that it is tough if you have someone that wants to put an OTA antenna on a 12ft pole on their roof (which you have to agree is not that pleasant to look at....) and the association has no say on it.

    We can however keep people from building outbuildings or storing things in their driveway...I do not see how a large OTA antenna is too much different. You would be surprised what people want to do when there are no rules...


    BUT BUT BUT, as I said I do agree with the FCC in that it is good for areas where HOAs may be very strict (ours is not one of them) and it lets people get TV at all.

    You have to understand I have no issue with a D* dish considering I have a 5LNB on my roof, but I did it tastefully and tried my best to fit it in as well as possible, there are plenty of hillbilly people out there (we all have had them as neighbors!) that are not so kind and really make a mess. That directly affects property values.

    For example, I could easily see someone mounting the dish on the front area of their roof facing the street even though there is no reason to, and it looks horrid. But based on those FCC rules, the HOA cannot say anything about it even though that does not effect their ability to put up a dish!
     
  20. Mar 15, 2008 #20 of 106
    bdowell

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    I didn't misunderstand a darned snobbish word of what you were saying. It came across just as pompous as it could. (See bolded sections quoted above, and thanks for taking swings at all of the trailer-trash hillbilly's like me :rolleyes: )

    Like I said before, you may think my dish looks horrid as it faces the street, and I may think the so-called dainty little house numbers, mail boxes, doors, windows, shutters, paint schemes and a bunch of other decor you 'approve of' looks like crap. That's why control freaks like HOAs and the Nazi management styles many of them employ, and why others hate them. Personally, I'll not cede that much control to people that could pick any reason under the sun (or no reason at all) to disallow something at my home that would be perfectly acceptable in the vast majority of the country.
     
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