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HOA Restricting Dish

Discussion in 'General DISH™ Discussion' started by LilGator, Apr 21, 2010.

  1. Apr 27, 2010 #81 of 163
    DoyleS

    DoyleS Icon

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    I agree with TPBrady. File the petition. You should get some sort of confirmation back from the FCC that the petition has been filed. Then if they ask in writing for you to remove the dish show them a copy of the filed petition and state that until the FCC rules the dish is staying where it is. In a case like this you really need to be reasonable but firm. Unless they are completely clueless, they should be willing to wait for the ruling.
     
  2. Apr 27, 2010 #82 of 163
    James Long

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

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    In HIS property ... but if the outside walls are considered "community property" of the HOA even the owner cannot drill holes (unless otherwise permitted by the HOA). OTARD gives no permission to drill a hole.

    Some HOAs may limit renovations within the home to keep up the standards of the neighborhood. Makes me glad I'm not part of a HOA.
     
  3. Apr 27, 2010 #83 of 163
    tfederov

    tfederov Well-Known Member

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    In that case, the owner should purchase the service and include it as part of the rent. Wouldn't that make things easier to defend in court?
     
  4. Apr 27, 2010 #84 of 163
    P Smith

    P Smith Mr. FixAnything

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    I would temporary move the tripod into garage and fire up the paperworks right away.
    Perhaps move it out each night ;).
     
  5. Apr 27, 2010 #85 of 163
    BAHitman

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    Sounds to me like the OP's dish is due for a coat of flourescent pink spray paint... :)
     
  6. Apr 27, 2010 #86 of 163
    scooper

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    I wouldn't go THAT far... :D
     
  7. Apr 27, 2010 #87 of 163
    James Long

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

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    Some camoflage might be more appropriate ... a dish rock, a cover. Something to make it less obtrusive. Of course now they know it is a dish hiding it is mitigating the problem. Maybe they will accept that.
     
  8. Apr 27, 2010 #88 of 163
    ffemtreed

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    I had to paint my dish when I battled the HOA. They tried to claim that it was an advertising sign for Direct TV because it had their logo on it.

    At this point I wouldn't do ANYTHING to antagonize the HOA (except share with other people in the HOA your right to have satellite and how much better it is than cable).
     
  9. Apr 27, 2010 #89 of 163
    Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    Probably... and I'm sure some landlords do just that... of course it means the landlord is really the Dish customer, and if he ever rents to a customer who wants DirecTV or cable he'd have to make changes/break the commitment, etc... so there's always a can of worms somewhere :)

    The real-reality at work here is the HOA is wrong, and the landlord should stand up for his tenant in this scenario so the OP doesn't have to keep worrying about this. The OP is abiding by the law/rules and is even going the extra mile (that the landlord should be doing) by asking for help here and looking up proof that he is in the right.
     
  10. Apr 27, 2010 #90 of 163
    Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    Yeah... in the case of a condo/townhouse where there are shared walls... then yeah, even the owner can't just drill wherever he wants.
     
  11. Apr 27, 2010 #91 of 163
    BAHitman

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    I would agree, he's not at the "paint the dish bright pink" part of this one yet...

    A friend of mine went through the battles with the HOA, and when he won, they started giving him a hard time about it, so I helped hime paint the dish... flourescent pink for a week, then we went with a shade of green to help blend in with the surroundings. In his case, the shrubs in front of his house.

    He finally got them to back off by saying he would be happy to have a bright pink dish if they wanted to push the issue farther... I think it even led to an addemdum to the HOA rules that a dish, if visible to the street had to be painted to "blend" into the surroundings.

    blad I live in the stix where no HOA exists...
     
  12. Apr 27, 2010 #92 of 163
    LilGator

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    I think you guys are right on with the petition- I called the FCC and explained my situation. They basically parroted the instructions on the OTARD factsheet, but she did say that while the petition is pending (as soon as I serve the petition), I am free to leave my antenna up.

    I'm going to try and knock this out tonight. Does anyone have an example/template they've done? I know it's pretty informal, but I don't want to leave anything obvious out.
     
  13. Apr 27, 2010 #93 of 163
    TulsaOK

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    OK, I feel like I need to chime in here to defend HOA's. I'm President of our HOA and we had a restriction on satellite dishes but our Board of Directors updated our Covenants and removed that restriction. Our goal is to make our neighborhood (100 +homes) attractive to our existing neighbors and those looking to relocate. We enforce our Covenants and our Design Standards and have had no major issues in dealing with our neighbors. We are all listed on our web site and are accessible to any of our neighbors at any time.
    Please don't broad brush all Homeowners Associations as being a bunch of ego maniacs on a power trip. I'm probably the oldest guy in the subdivision and our Board consists of middle age to very young. We have very civil meetings and we always address the concerns of the neighborhood.
    Now, :backtotop.
     
  14. Apr 27, 2010 #94 of 163
    Slamminc11

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    No not all of them, just 98%...
     
  15. Apr 27, 2010 #95 of 163
    Herdfan

    Herdfan Well-Known Member

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    Teays...
    When you serve the HOA, ask them who their attorney is so you can send them a copy as well. My guess is as soon as the HOA attorney reads the OTARD he will advise them they are in the wrong. So the sooner the attorney gets it, the better.

    Here is a copy of an FCC ruling on the issue:

    http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972305.txt

    And here is an informative document:

    http://www.wba-law.com/Unique_Practice_Areas/Homeowners_Associations/

    Good luck!
     
  16. Apr 27, 2010 #96 of 163
    LilGator

    LilGator Cool Member

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    Thanks guys. I have most everything ready to go- just waiting to see if I can get a written notice if it was provided to my landlord to include in the petition.

    I took some pictures today and will be including them in the petition as well, just so everything is crystal clear.

    Six pics here, you can view the full images and see views from the balcony (sixth floor), the road below, and the main road the building is on: http://imgur.com/brFbil&uM4Qd&ynqOa&cmnX7&ZMJ3P&TpYon#
     
  17. Apr 27, 2010 #97 of 163
    matt

    matt New Member

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    How is the dish uglier than a bicycle or propane grill? If I hadn't been looking for it in some of the pics I would have never even known it was there.
     
  18. Apr 27, 2010 #98 of 163
    P Smith

    P Smith Mr. FixAnything

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    Looks nice and clean - what those HOA gestapo thinking ...
     
  19. Apr 27, 2010 #99 of 163
    TulsaOK

    TulsaOK New Member

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    It's hard to believe anyone would have a problem with that.
     
  20. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    Yeah, that's just crazy nitpicky. Hard to tell from the surroundings, but it almost looks like you'd need to be on the balcony to see the thing!
     

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