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Legend
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Discussion Starter · #1 ·
I have been battling my hoa for a while now regarding my dish location. Tonight we finally came to a resolution. I can keep my dish where it is currrently if directv sends a letter stating that reception cant be obtained elsewhere or they send out a tech to state the same thing. When directv came to install the current location is the only location that would work. The hoa board just wants some proof of that. If anybody is willing to write a quick letter for me please message me. If not will directv even do any of this? Thanks.

Mike
 

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This Space for Sale
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I'd see if you can get an installer to come out and move the dish.

If he says 'no' because of LOS issues or 'yes, I can move it but it will cost you X dollars to complete', I'd get them to put that in writing.

Then give that to your HOA along with this FCC Fact Sheet.

FCC

EDIT:
FCC Order & Opinion I like this FCC Document. Specifically para 11 which states in part:
"Petitioners arranged for installation of the antenna and were told by the installer that, with respect to the "south facing antenna", an acceptable signal could not be received in the Association's preferred location. The antenna was therefore installed in an alternate location, as permitted by the Association's policy, but not on the roof as this was specifically discouraged by that same policy. At this point, the burden shifted to the Association to show that the antenna could be placed in a preferred location and still receive an acceptable signal."

(I added the bolding/italics)
 

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Legend
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149 Posts
Discussion Starter · #5 ·
Unfortunately otard doesnt really apply in my case as my dish is installed in common elements. This has been the ongoing battle as i say the dish is installed in an exclusive use common area and the hoa says otherwise. Guess ill call directv and see what they say.

Mike
 

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njfoses said:
Unfortunately otard doesnt really apply in my case as my dish is installed in common elements. This has been the ongoing battle as i say the dish is installed in an exclusive use common area and the hoa says otherwise. Guess ill call directv and see what they say.

Mike
Where in the 'common areas'? I read one ruling by the FCC that a resident had his dish on the roof of his townhome and the HOA said 'no -- that is common area'. The FCC said that the roof was exclusive (since it was above his unit and the wording of the HOA said the owner had exclusive use of his interior and exterior of his unit). The HOA tried to say that the roof was continuous over multiple units therefore it was common. But it came down to the wording of the HOA and their definition of common and exclusive use areas.

Just a shot in the dark.

I'm not sure DirecTV can answer this -- maybe the FCC number that is listed on the OTARD Fact sheet.
 

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Legend
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njfoses said:
Unfortunately otard doesn't really apply in my case as my dish is installed in common elements. This has been the ongoing battle as i say the dish is installed in an exclusive use common area and the hoa says otherwise. Guess ill call directv and see what they say.

Mike
Exclusive use and common area are mutually exclusive (pardon the pun). How can you have exclusive use of a common area. The example above concerning the roof is a good example. I also live in a townhouse complex that has a continuous roof, but the portion above my unit is my exclusive use and my portion of the roof is not common area as defined by law. The HOA considers it common to the entire building, but my insurance company does not by definition. Upon checking, it can not be defined common as it is entirely upon my property and upon crossing my dividing property line becomes the exclusive property of the adjoining owner. The HOA assesses all the townhouse units for periodic replacement of the shingles, but any rotten wood and/or leaking skylights are the responsibility of the owner. Figure the logic of the HOA on that one. If it was common, then all repairs/replacements concerning the roof would be the responsibility of the HOA. My neighbor had D* install a dish on the small roof covering her front entrance. The HOA stopped the installation while D* was there and told her she could not place the dish in that location. She had to reschedule. Brewster wanted a letter from the HOA saying OK to install. I gave her a copy of FCC OTARD regulations which she provided the HOA, telling them to "shove it" , wrote a letter herself for Brewster, and had the install completed. They continued to give her a hard time over this and she told them if they continued to harass her about it she would sue. Problem solved. Not saying you should threaten the HOA, but if the area is your property or for your exclusive use and additional expense would be involved in moving the dish, the HOA can not force you to move it.
 

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Legend
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149 Posts
Discussion Starter · #8 ·
they are not forcing me to move it. they just want proof that it can't go on my deck which it can't or I would have had it installed there in the first place. for some reason they think I put it where it is out of spite and not because of no los on the deck. I called directv and they told me to call the installation company directech they told me they would send out a tech but when I asked for an appointment they told me they would call me back later today which doesn't make sense. I'm sure ill be calling again.
 

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Legend
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Discussion Starter · #9 ·
just for reference the dish is pole mounted 2 ft or so out my front door in what I call my garden area and what the board calls common ground. the board clearly states in the bylaws it can't be mounted on the roof which only leaves the deck which is where other people have theirs. due to where my building is I can't get los from my deck. I own my townhouse but it is considered a condo ownership which rules out the roof as the hoa is fully responsible for the roof.
 
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