OTARD/Association question

[Mr Tony]

Need some OTARD help

Installed a dish for someone last Friday here in Minneapolis. They had a pole mounted (from the old owner) but we couldn't get any signal due to trees. (dudes got a freaking forest from 103 west) The old owner had DirecTV which cleared the trees. This one is StarChoice (107.3/111.1) which doesn't. So I put it on the roof of his entry way (up about 10 feet..not the roof of the townhouse)

Now I find out that his HOA is written that you can't put a dish on the roof of the house. Does OTARD trump this? As I read it, since that is the ONLY way to get reception, OTARD trumps the Association rules. The only spot to get reception is on the entry way roof (he has an entry way that is covered and I put it there). You can't see the dish from the front of the house unless you know where it is.

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

 

[charper1]

Is it rental or owned property? Does it violate any safety code(s) or statute(s)?

If its owned, I am almost certain as long as no safety code is violated that OTARD trumps, but if its a rental that can open up many windows for the landlord and maybe the HOA to deny access to everything accept "exclusive rights areas".

 

[Mr Tony]

he owns his townhouse (and he assured me of that) and there is no safety hazards.

 

[charper1]

Then OTARD should win out. I love my HOA and would never live without one again, but the uneducated "a$$hole" ones, that make up less than 5% of the total, make a bad name for the majority of the good ones.

 

[Mr Tony]

charper

He doesnt own the roof but this isnt on the roof of the house. His entry way has a little roof on it and that is where I mounted it.

His HOA might allow it but they're telling him he has to replace the shingles "and that could get spendy"
(my dad roofs houses and he laughed at that one)

 

[charper1]

charper

He doesnt own the roof but this isnt on the roof of the house. His entry way has a little roof on it and that is where I mounted it.

His HOA might allow it but they're telling him he has to replace the shingles "and that could get spendy"
(my dad roofs houses and he laughed at that one)

Is his dwelling/property conjoined with another property? That might cause legal issues, but could be remedied if that property owner gave the "OK".

 

[Mr Tony]

yes. there are 4 Townhouses attached (but where I mounted the dish is NOT on that roof. Its on an lower (independent) roof. he's on the end

 

[charper1]

Man you do make it tough! LOL! Sounds like a call to the FCC might be in order.

 

[navychop]

OH, PLEASE tell us the results of that FCC call! I can't imagine them actually being helpful. There seems to be a government reg against it. But actually, it's certainly worth a try.

I don't understand how he can "own" his townhouse but not the roof. This sounds more like a co-operative of some sort. Nor do I see there being a distinction between the "roof" of an entryway and the "roof." So all the details you can post are good for my education, and no doubt others.

I serve on the board of my local HOA, a self-protective move. I opened up the neighborhood to OTA antennas. I am closing on a nearby house, if the home inspection comes clean, and will be moving to an HOA-free area. Thank God. Free at last from budding Nazis. The last few years have been mostly free of attempts at over controlling others, but prior to my moving here there were Storm Trooper types at the helm. I hope your HOA is reasonable. Out of sight from the front of the house is probably all that really matters to them. And surely they must understand the rule is a 2 edged sword: The home values are also held down if prospective buyers cannot put up satellite dishes- not just people put off by the sight of them.

I wonder at the validity of the roofs being held in common, if the only or primary purpose would be to stop satellite dishes. I shudder to think of the legal fees to find out.

 

[Mr Tony]

OH, PLEASE tell us the results of that FCC call! I can't imagine them actually being helpful. There seems to be a government reg against it. But actually, it's certainly worth a try.

I don't understand how he can "own" his townhouse but not the roof. This sounds more like a co-operative of some sort.

where I live, the associtation takes care of the roof. Its not a co-op.

Nor do I see there being a distinction between the "roof" of an entryway and the "roof." So all the details you can post are good for my education, and no doubt others.

The roof of the house is up 2 stories. The roof on the entry way is up 10 feet. They are attached in front of the house by the garage but the roof of the house is at a steeper slope than the one over the entry way

 

[scottc98]

Thats a tough call. If the townhouse was a detacted unit then I'd say that you are in the clear. The fact that it is a attached unit makes it tough.

The key phrase in this setup is "Exclusive use". Patio, terrace, balcony or deck that only the tennant/owner can use counts. roof, hallways, walkways, or exterior walls don't count. Also, the dish can not protude beyond the exclusive area.

I.E: if you have a 4x6 deck then you have a 4x6x12 ft area the dish can be (FCC allows heights up to 12ft)

The fact that the dish was placed on the roof of the entry way is probably not covered. Essentially, a person is tresspassing if he/she goes on your back deck, but not at your front door.

if the HOA is willing to work with you, it may be best to compromise since its such a grey area. Just get it in writing!

 

[Mr Tony]

but all of his "exclusive" spots are covered by trees

 

[dragon002]

scott , you are wrong, that roof only serves THAT townhome and is not the common roof, up on top. it is a porch/patio roof that is all his.

berg, you did right, dont sweat it , happens here in the burgh all the time.

 

[Mr Tony]

scott , you are wrong, that roof only serves THAT townhome and is not the common roof, up on top. it is a porch/patio roof that is all his.

ok cool. Thats what I figured but trying to explain this to the guy is the issue

berg, happens here in the burgh.

thats pretty funny

 

[dragon002]

if the entranceway/porch/patio/steps roof only goes to HIS door you are safe.


note to iceberg from pittsburgh.!!!!!

is favre retiring or not??

 

[Mr Tony]

if the entranceway/porch/patio/steps roof only goes to HIS door you are safe.

yep his door only

note to iceberg from pittsburgh.!!!!!

is favre retiring or not??

god I hope so. Living in MN it seems like some days there is more Packer crap on the TV than Vikes...I guess they got bored with Moss, Culpepper, the sex cruise, the whizzinator.

I think its pretty lame that he has a press conference to tell people he hasnt decided yet. RETIRE ALREADY!!!!!

 

[dragon002]

off topic , what ever happened with the "kitty Kruise"?

 

[Mr Tony]

you know I really don't know. I know Culpepper was in town about a month ago but that was for one day (it was right after he got traded)

found out via ESPN Culpep got off
http://sports.espn.go.com/espn/wire?section=nfl&id=2396501

the others havent yet

 

[scottc98]

if the entranceway/porch/patio/steps roof only goes to HIS door you are safe.

I won't argue with that. I wouldn't say that its absolutely set in stone either.

For arguement stake, lets assume the front door roof is exclusive. if the front roof over the doorway is say 10ft above ground and covers 6x8 feet, then everything under that roof in that 6x8 foot area would be exclusive. This roof essentially would creates a front patio/porch.

If we can agree on that concept, then it would depend on where Iceberg placed the dish. If it is placed within the 6x8x10 area, then the HOA can stuff it. If the dish protudes beyond this area, it still may be looked upon as common area.

Not saying that I am right in any way, but I'm just not sure that where Ice put the dish is 100% in the right.

ICe:

Do you have any pics of the dish and its location?

 

[Mr Tony]

no pictures...didnt take my camera

but using your idea above, it is on his exclusive area of the roof. The dish (if you drew lines striaght down) is still on the roof above the entry way. No part of the dish goes off the roof