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Can a Home Owners Association............?

2805 Views 30 Replies 11 Participants Last post by  Richssat
Can a Home Owners Association limit the amount of dishes you can install. I have DishNetwork and need to install a 2nd dish to receive HD.

Thnx,
John
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Hi bennej and welcome to DBSTalk :hi:

You can read the actual FCC ruling here.

http://www.fcc.gov/mb/facts/otard.html

I think you will be okay with 2 Dishes.
They can tell you where to put it as long as you can get a signal, but they can't prevent it.
Bennej, put that 2nd dish up and don't worry about it. Screw the HOA. If they still object, they'll have to file a petition with the FCC and win before they can make you take it down. This will take a long time. If you are in compliance with SHVIA re placement, etc, you will win and there is nothing your disagreeable neighbors can do about it. Then you can brag about the superior HD PQ you get with your 2nd dish. Then invite a few of the neighbors over so you can gloat as their eyes pop out. :D
Bennej, when I was the VP of our HOA we had a regional meeting with, among others, a HOA specialist lawyer. I asked him the specific question of "Can an HOA limit the number of dishes that a homeowner can put on his/her property under the FCC ruling?" His answer was a clear "NO".

I might add that the same regional organization had previously propagated a draft of generic HOA Rules & Regulations which tried to limit the resident to ONE dish. This is clearly WRONG (per the lawyer), but they may get "away" with it if the homeowner is not smarter.

If you want the guy's name & contact info...shoot me an e-mail and I will try to find it in my notes.

When we reworded our R & R's we used the following wording: "The Homeowners Association, by law, conforms to the FCC Regulations regarding satellite dishes. A current copy of the law is available from the Property Manager or the President of the Board. Notification to the Board by variance request and a Town permit are required for any homeowner wishing to install or arrange the installation of a satellite dish. No outside antennas, other than dishes, are allowed." (note: the Town requires the permit only to assure conformance to the NEC; specifically in the area of grounding...which is an ongoing topic of debate on this and other boards.):D
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And your R&R's are NOT in complinace - if you are not in an historic district, you can't restrict OTA antennas either.

Ham Radio antennas , however, don't enjoy the protection that TV reception devices do.
I read the FCC and it never mentioned the amount of dishes nor did my home owners association book. They (HOA) never said a word about the first but I wanted to be 'safe' with 2....HD here I come!!!
Scooper, thanks. I just sent an e-mail to the current board with the link for update.
In my neighborhood the (in a historic district) we aren't' able to have dishes or antenna VISIBLE from the street or other houses. So mine is below the wall and only visible from our back yard. Hey as long as no one sees it who cares! Good luck. :goodjob:
...and any good installer , regardless if there's a homeowners assc. involved or not, should go out of their way to install the dish where it is the least obvious with the strongest signal possible-too many get lazy and in a hurry and just slap it on the top of the roof...
Originally posted by jrjcd
...and any good installer , regardless if there's a homeowners assc. involved or not, should go out of their way to install the dish where it is the least obvious with the strongest signal possible-too many get lazy and in a hurry and just slap it on the top of the roof...
Thats the best point I have heard here in a while! :righton:
Try doing it for a living.
Originally posted by jrjcd
...and any good installer , regardless if there's a homeowners assc. involved or not, should go out of their way to install the dish where it is the least obvious with the strongest signal possible-too many get lazy and in a hurry and just slap it on the top of the roof...
Originally posted by Richssat
Try doing it for a living.
Well, as much as I hate HOA's being stupid about things, installers sometimes casue the problems HOA's try to avoid. My 2 year old neighborhood has an HOA that did not try to ban dishes but there are houses that have the dishes right out front on the roof of the garage. Of the 5 or 6 that I can think on all but one of these the dishes can be mounted on the rear of the house and get a perfectly good signal and the roof there is only 3 feet higher than the current location. Yes, the dish does point over the peak of the roof but the angle here in NC is well more than high enough to shoot over the roof and any good installer should know that.
I'ts not my job to tell customers where the dish should be placed for asthetic reasons. I make suggestions based on where it will work. I start with the easiest for me (within reason) and work my way up to explaining a full custom installation. I make it a point to never install a dish on the front of a house or before the fenceline in the side yard unless their is no other option. Many customers just want simple, easy, fast and most important FREE.
Personally I like the look of dishes =) Some would disagree though, Good luck!
i've "tried doing it for a living" since 1997....

and i find that, if at all possible, the customer is happiest when the dish is in the least obvious location-however, it DOES take time and paitience....

(psst: matt-most women don't like the way a sat dish looks on their home and prefer that it would be in the least conspicuous place possible-to be honest, i would rather face down ten HOAs rather than one unhappy wife!!!)
WHOA!!!!it's not your yob to start out trying to find the best place to put the dish asthetically???!!!???!!!you need to think this one thru again, as THAT'S part of GOOD CUSTOMER SERVICE and can EASILY be done in most cases without resorting to it being a custom job....

to be honest, i'm just a little flabbergasted that any good installer would even say something like that...
Sorry, I see no advantage in making my job harder for me for no additional money. As an tech you should know what is going on with the industry. Retailers tell the customers that everything even remotely related to a dbs system install will be gleefully done by the installer for free as part of a basic install. Fulfillment companies are cutting compensation left and right and starting to dictate what we can charge customers for and how much we can charge. Companies somehow expect you to install 3-4 systems a day with some being an hours drive from one another.

I do not try to dictate dish placement to customers, I offer suggestions based on performance, ease of maintenance and future upgrades. Unless there is some reason why it wouldn't work in the location of their choice the final say is up to the customer.

I discuss
1. Free and easy
2. Free and a little more work for me
3. A few custom touches
4. Full blown custom (how I would install it on my own house).

Quite a few of my customers chose 1 or 4. For some people having a DBS system installed is a big step and something they will be keeping for the long term. They would prefer it to be integrated into their home as much as possible, not look like tacked on afterthought. #4 customers usually can't find their dish when I am done nor can they find any wiring. #1 customers could care less, as long as the system works properly, is installed for free and isn't going to cost them an arm and a leg down the road to upgrade.

I do not see that as unethical, dishonest or lazy. It is not my job to save customers from themselves or do a beautiful install that doesn't work right.

Jrjcd, you wouldn't happen to work for DNSC would you?

RR

Ps... My girlfriend likes my dish, she likes the dish on her place too. They bring good things to her like Lifetime, Oxygen,and W E (yuk) Each one of those skyward pointing little gray circles that I put up are my paycheck.
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Originally posted by jrjcd
to be honest, i'm just a little flabbergasted that any good installer would even say something like that...
Thats the problem, some installer would rather do a poor job and make money than spend a couple of extra seconds to put the dish where no one can see it. I have to look at my neighbors dish even though its against the regulations in our historic district. He told me that since his installer put it there, it must be legal. Now our HOA must sue this guy to put it in the right spot. I have no love for installers who a lazy. :nono:
Originally posted by Richssat
I do not see that as unethical, dishonest or lazy. It is not my job to save customers from themselves or do a beautiful install that doesn't work right.
Now that is a better attitude than you had before. It seemed to me that you were saying that you didn't want to take any effort or explain to the customer that it might be better if they hid the dish and spend a few extra dollars.
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