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:confused: :confused: :confused: :confused:
New to HD, but not new to DBS. I called a few places that sell a few things that could hide this monster, but they're telling me about $1,500. It was installed on Friday and I love the HD Pic from DirecTV, but my Homeowner's Association is going to freak out! It's on a pole about 4' off the ground and at the edge of my property line (beneath the 30' tall pines here in GA). I wanted them to install it on my roof, but my wife says that the install guy was nice, but wouldn't go up there. I don't understand since I got them to move the dish last year and they didn't have a problem then). HELP - You guys here are my best bet. Thanks - Kyle
 

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Legend
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Okay that's for another thread...
Rule number 1 of Cable/Dish installs is NEVER let the wife handle the install. With that said, play dumb, call the install company back and tell them they have to move the dish because your poor dumb wife didn't know that the HOA had rules about dish placement, bla bla bla... unless you're having them mount the thing in the middle of your roof, or you just have some messed up yard, they should be able to get on your roof and do it right.

Z
 

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Godfather
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I thought the Feds/FCC passed a law that HOA's can not be in forced anymore. So they would be breaking the law even if they give you a hard time over it. If I am right you don't have to move it at all.
 

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Volholler said:
:confused: :confused: :confused: :confused:
New to HD, but not new to DBS. I called a few places that sell a few things that could hide this monster, but they're telling me about $1,500. It was installed on Friday and I love the HD Pic from DirecTV, but my Homeowner's Association is going to freak out! It's on a pole about 4' off the ground and at the edge of my property line (beneath the 30' tall pines here in GA). I wanted them to install it on my roof, but my wife says that the install guy was nice, but wouldn't go up there. I don't understand since I got them to move the dish last year and they didn't have a problem then). HELP - You guys here are my best bet. Thanks - Kyle
Your dish is not over 1 meter, therefore the FCC rules cover this. The HOA has to abide by the FCC rules.
Been there.
 

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Volholler,

I have never eperienced this before first hand. But I have read several threads over the years about these things and it appears the HOA has no legal ground to make you move the dish as long as it is on your property and not in a common area. I'm speaking in general terms here, there may be circumtances of course that I/we are not aware of.

Do a google search for OTARD i beleive it is. Heck, do a search here. There is an active thread only a couple days old that has a link that goes straight to the document I'm we're referring too.
 

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Beware the Attack Basset
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tunce said:
I thought the Feds/FCC passed a law that HOA's can not be in forced anymore. So they would be breaking the law even if they give you a hard time over it. If I am right you don't have to move it at all.
HOAs can indeed tell you what can and cannot be visible from community areas. The FCC monkeybusiness simply says that they cannot tell you no to an antenna install. It isn't about telling your neighbors to get over it.

My first choice would be to seek out a roof or side mount, but as you've observed, the "behemoth" is more than a little above average in size, weight and most importantly, wind load. Failing that, I'd put up some sort of yard decoration that doesn't grow (or at least not very rapidly). As long as the top of the blind is set back from the dish by four or five feet, you should be golden.
 

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Beer Aficionado
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I think the neighbors should just deal with it. I think it looks cool and when it's visible from the road I see it as an anti-cable statement. AFAIAC it says "Bite me Time Warner!" :D
 

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Plant some bushes on three sides and even some low ones in front of the pole. Keep them trimmed so they never interfear with the dish. Shouldn't be that hard. After a while it should be hard to see from everywhere but the front. Some kind of evergreen bushes will block most of it year round.
 

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Legend in his own mind...
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Q: What types of restrictions are prohibited?

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.


Q: What is an unreasonable expense?

A: Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.



Also, the HOA (not you) must prove that their restriction is enforcable under the FCC regs:

Q: Who is responsible for showing that a restriction is enforceable?

A: When a conflict arises about whether a restriction is valid, the local government, community association, property owner, or management entity that is trying to enforce the restriction has the burden of proving that the restriction is valid. This means that no matter who questions the validity of the restriction, the burden will always be on the entity seeking to enforce the restriction to prove that the restriction is permitted under the rule or that it qualifies for a waiver.
 

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HUGE? That's actually funny. The HOA can't do anything about it anyway and, oh by the way, my immediate 3 neighbors on my cul-du-sac didn't even notice it installed on its ground pipe for 2 months before I called it to their attention.

Maybe jeolousy is creeping in there... :D
 

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Hall Of Fame
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It amazes me when people buy where there is a HOA. This is about as un-American as you can get.

(Ok, I know that doesn't help, but I have to vent when issues of individual freedom and property use are in play.)
 

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Road Rage said:
It's getting very hard to find places that don't have an HOA and 10+ acre lots cost $$.
Come to Nevada, you'll find it hard to find an HOA here! Kinda' a libertarian place.:D :D :D
 

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Legend
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The HOA CAN make you remove it ONLY if your covenants and/or deed restrictions specifically prohibit a satellite dish. Even with the Fed's ruling, the covenants in effect at the time of purchase may be enforced as they are considered "accepted and binding" upon closing. If you purchased prior to the Fed's dish/antenna ruling and these restrictions were in effect for the very large "old" C Band Dishes, or subsequent to the ruling (then the restriction would not be legal) you have a high probability of prevailing if taken to court by the HOA. In order to get the Fed's involved, you must first exhaust all remedies in jurisdiction (local and state). Check your restrictions, the HOA may not have a "leg to stand on".
 

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Legend in his own mind...
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HD AV said:
The HOA CAN make you remove it ONLY if your covenants and/or deed restrictions specifically prohibit a satellite dish. Even with the Fed's ruling, the covenants in effect at the time of purchase may be enforced as they are considered "accepted and binding" upon closing. If you purchased prior to the Fed's dish/antenna ruling and these restrictions were in effect for the very large "old" C Band Dishes, or subsequent to the ruling (then the restriction would not be legal) you have a high probability of prevailing if taken to court by the HOA. In order to get the Fed's involved, you must first exhaust all remedies in jurisdiction (local and state). Check your restrictions, the HOA may not have a "leg to stand on".
I'd be interested to see the text of the declaratory ruling. I haven't read through all of them on the FCC's website, but it looks to me that there's no mention of anything other than when the rule went into effect. It doesn't say anything about convenants existing before the rule.

I guess you would have to go back and read the legislation that created the ruling, and even then I doubt someone has a "no dishes" covenant dating back to 1934:

The adoption of the Rule followed the enactment of Section 207 of the
Telecommunications Act of 1996 (the "Act"), which required the Commission to "promulgate regulations
to prohibit restrictions that impair a viewer's ability to receive video programming services through devices
designed for over-the-air reception of . . . direct broadcast satellite services." The Congressional directive
to the Commission promotes one of the primary objectives of the Communications Act of 1934: "to make
available, so far as possible, to all the people of the United States . . . a rapid, efficient, nation-wide, and
world-wide wire and radio communication service with adequate facilities at reasonable charges."
 

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Legend
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islesfan said:
It amazes me when people buy where there is a HOA. This is about as un-American as you can get.

(Ok, I know that doesn't help, but I have to vent when issues of individual freedom and property use are in play.)
HOA's are a good thing to many, tht's why they are in place. HOA's are there to protect our investments. Trust me, I've been in a neighborhood that didn't have one and the neighborhood went to shiot. You gotta take the good with the bad.
 

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BuckeyeNut said:
HOA's are a good thing to many, tht's why they are in place. HOA's are there to protect our investments. Trust me, I've been in a neighborhood that didn't have one and the neighborhood went to shiot. You gotta take the good with the bad.
I don't mean to threadjack, so one last point. I have only bought where there are no HOAs, and have had only good experiences. Nevertheless, my real point is this, if I own the property, I own the property. If you don't like my house color, make me an offer, and after its yours, you can paint it any way you like. I am making the moral argument, rather than the practical one. Generally speaking, if people pay good money for their property, they take care of it. If it is handed to them by a government program, loan, etc, then they often do not.

Nevertheless, that's the beauty of America, if you like HOAs, you can buy where there is one, and if you don't, you can come to Nevada!
 

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Legend
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Point was taken in your prior post.:rolleyes:
HOA's are not Un American nor are they infringing on your "Freedom" due to the fact that one know's the covenants going into it and agree's to abide by the rules set in place. Nothing Un American about that.

Anyway Volholler, I seriously doubt that your HOA has a "legal leg" to stand on being where you stated it was placed. It would be one thing if you placed it right in the middle of your front yard (which no one in their right mind would do.)

Good Luck with it.:D
 
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