[VOOM] Hi, Wilt, how do i deal with HOA

[paul wong]

Below is what appeared in the HOA minute:
"Old Business
Antenna Approval Process
The need for an architectural approval process for
antenna addition and placement was discussed. Several
residents voiced concern regarding the negative impact
on the general appearance of our housing area if
residents were to continue placement of one or more
rooftop antennas and/or parabolic dishes on their
homes. Ron agreed to investigate if the
establishment of such a process is within the scope of
rights of an HOA. If his research supports our taking
such action, the HOA will move to adopt the following
guidelines (June 10, 2004 Upon review of paragraph
4.08 of our CCRs and Civil Code Section 1376, the HOA
moves ahead with the following proposal)

Guidelines for future placement of antennas and/or
parabolic dish for television reception:
only one antenna of the type used by Dish or Direct
TV (parabolic and approx 18" in diameter) will be
allowed
antenna placement is to be below eave (gutter line)
no attachment to the chimney area will be allowed

It was agreed that residents with existing antennas be
grandfathered in as compliant. However it is hoped
that those residents not in compliance with the new
guidelines will choose to modify their antenna
arrangement to conform to the spirit of the new
guidelines. Ron has offered to make this case to those
individuals as well."

My voom antenna is on the chimney. Two points against
me if i have to keep Voom for HDTV. First, i will
have to keep either the Channel Master or Voom dish.
Say, even if i am willing to keep cable just to see
local tv, and keep VOOM for special channels, but what
happen when the dish size going over 18 inches in a
few month?
Unless i can get legal assistance in fighting the HOA,
or i am willing to move, i see VOOM is doomed for me
at
my current location:Los Gatos, California( I had
checked with Los Gatos City construction department,
and i was told indeed the HOA has the legal
superiority in dealing with the antenna issue.What is
unclear to me is whether HOA can also restrict the
dish/location/size issue.



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[wasch_24]

I'm sure that others will chime in with more accurate information, but as far as I know they can't legally do that, especially if you own your dwelling. The real question is whether or not it is worth the time and effort to fight the legality of it........tough call on that one. Do some searches for FCC regulations on this type of stuff.

 

[strpyw]

Exactly, as you said. I just moved into this development in November 2003 and had Voom in place since March. The other people just think dish is ugly and why not just go with cable.
I told them i am willing to remove the set up with they find it the antenna/dish combo objectionable.Despite many of MY friends look at the set up and thought they are barely visible, the residents now have their concern!
I think if VOOM stays with 18 inches dish, i will have a better chance just to move the dish to the gutter.
Honestly, i am caught off guard by this reaction and my gut feeling is not to fight other residents by legal action.

 

[wasch_24]

Just tell them you work for the government and you need the the dish and antenna so your office can contact you if there is a national emargency and if they start asking questions say that if you told them you'd have to shoot them. They probably won't buy it though.

 

[cmslick3]

Print this out and take it to your homeowners association!! Then walk out and shout VOOM. They can not tell you where you can place your antenna in order to receive an acceptable signal on OTA channels especially when it concerns digital TV broadcasts. Now in the case of the satellite dish you must have a clear view of the satalliet and an acceptable signal. This is in plain english and easily understood.

I hate homeowners associations that try to pull this crap on people. They should be there to maintain parks and keep the streets clean and let people enjoy their homes as they see fit.!!

Don't give into them they have no leg to stand on. Also if you know a local HAM radio operator they would probably be more than happy to help you on your quest.


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

 

[mkatts]

I believe the FCC has said that no one can limit the use of any ant. smaller than 35". There is nothing about the number of ant. either. I don't see where your HOA has a leg to stand on. Go to FCC's websote. You will find the exact code that lays it out.

 

[LOBO2999]

This wont help , but I hate homeowners association and when me and my wife started looking for a house I said noway we were going to live any where there was one of these and not because of having a dish but I was not going to spend $175 to 2 Thousand for someone else to tell me what I can do with my house . I agree with Cmslick3

 

[strpyw]

Hi, LOBO2999,
Please explain "this won't help."
Do you mean FCC code will not supercede civil code?

 

[Robert Heitner]

As long as you have a private porch or area within your apartment property,
your HOA cannot stop you from installing a sat dish.

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

HTH,

Robert Heitner Jr.
Data Developers Plus, Corp. http://www.ddpcorp.com <http://www.ddpcorp.com/>

Home of DDP's Contact Manager http://www.ddpcontactmanager.com
<http://www.ddpcontactmanager.com/>

_____

From: strpyw [mailto:strpyw.17z11a@nobody.satelliteguys.us]
Sent: Wednesday, June 16, 2004 8:25 PM
To: VOOM@yahoogroups.com
Subject: Re: [VOOM] Hi, Wilt, how do i deal with HOA



Exactly, as you said. I just moved into this development in November
2003 and had Voom in place since March. The other people just think
dish is ugly and why not just go with cable.
I told them i am willing to remove the set up with they find it the
antenna/dish combo objectionable.Despite many of MY friends look at the
set up and thought they are barely visible, the residents now have their
concern!
I think if VOOM stays with 18 inches dish, i will have a better chance
just to move the dish to the gutter.
Honestly, i am caught off guard by this reaction and my gut feeling is
not to fight other residents by legal action.


--
strpyw


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[cmslick3]

I think his point was to not move into a neighbor hood with an association.. The FCC will ALWAYS override a local authority on this matter. The link above explains it all.

 

[LOBO2999]

Thanks Cmslick3 , that is what I ment do not move into a neighbor hood with an association, and like cmslick3 said The link above explains it all.

 

[RP]

Re: [VOOM] Hi, Wilt, how do i deal with HOA - PLEASE COMMENT HERE-

my condo (i own it) faces north. and i am on the 2nd floor and have a
patio/balcony...

for me to get a signal i have to extend the dish in a southernly
direction over my roofline (i only have to get the dish about 6 inches
over my roofline to get signal)....

at first my HOA said I WAS ALLOWED to have a dish as long it is not
mounted on common property/areas...
they said it would have to be on a tri-pod....

so that is what i did!

the dish stood over 10 feet tall (from the bottom of my patio to just 6
inches over the roofline) so that it could get a signal.

they then said to take it down for 2 reasons:

#1. it was a safety hazard. they said it might fall due to wind and that
i am on the 2nd floor so it could be a problem....
(i used 55 pounds of quickcrete in a large bucket) the antenna was not
moving) --- should I get over 100 pounds of cement??

#2. it was out of my exlusive use area. (which they said anything that
extends over the roofline is not in my own exlusive use area)
so they are saying i can have a dish on a tripod as long as it does not
go over the roofline - and of course i cannot get any signal
if the dish does not go 6 inches over my roofline......

the HOA went on to say that only people who happen to be facing south
can get a dish and recieve broadcasts but not those on the north side.

comments???

rp


paul wong wrote:

>Below is what appeared in the HOA minute:
>"Old Business
>Antenna Approval Process
>The need for an architectural approval process for
>antenna addition and placement was discussed. Several
>residents voiced concern regarding the negative impact
>on the general appearance of our housing area if
>residents were to continue placement of one or more
>rooftop antennas and/or parabolic dishes on their
>homes. Ron agreed to investigate if the
>establishment of such a process is within the scope of
>rights of an HOA. If his research supports our taking
>such action, the HOA will move to adopt the following
>guidelines (June 10, 2004 Upon review of paragraph
>4.08 of our CCRs and Civil Code Section 1376, the HOA
>moves ahead with the following proposal)
>
>Guidelines for future placement of antennas and/or
>parabolic dish for television reception:
>only one antenna of the type used by Dish or Direct
>TV (parabolic and approx 18" in diameter) will be
>allowed
>antenna placement is to be below eave (gutter line)
>no attachment to the chimney area will be allowed
>
>It was agreed that residents with existing antennas be
>grandfathered in as compliant. However it is hoped
>that those residents not in compliance with the new
>guidelines will choose to modify their antenna
>arrangement to conform to the spirit of the new
>guidelines. Ron has offered to make this case to those
>individuals as well."
>
>My voom antenna is on the chimney. Two points against
>me if i have to keep Voom for HDTV. First, i will
>have to keep either the Channel Master or Voom dish.
>Say, even if i am willing to keep cable just to see
>local tv, and keep VOOM for special channels, but what
>happen when the dish size going over 18 inches in a
>few month?
>Unless i can get legal assistance in fighting the HOA,
>or i am willing to move, i see VOOM is doomed for me
>at
>my current location:Los Gatos, California( I had
>checked with Los Gatos City construction department,
>and i was told indeed the HOA has the legal
>superiority in dealing with the antenna issue.What is
>unclear to me is whether HOA can also restrict the
>dish/location/size issue.
>
>
>
>__________________________________
>Do you Yahoo!?
>Yahoo! Mail - Helps protect you from nasty viruses.
>http://promotions.yahoo.com/new_mail
>
>
>------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar.
>Now with Pop-Up Blocker. Get it for free!
>http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/EyMolB/TM
>--------------------------------------------------------------------~-> Yahoo! Groups Links
>
>
>
>
>
>
>
>




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[Tvlman]

The government document gives you the right to install your dish & antenna. Next time go to the City Attorney with this document not the Construction people. Go ahead and install. The law is on your side.

 

[GadgetRick]

HOA and dishes

I can speak about this from experience as I was the treasurer for my HOA when I lived in a condo. I was one of the first people to bring up putting a dish up for satellite tv. I did a lot of research on the FCC ruling and here is what I learned (basically):

1. The FCC ruling covers a dish up to 1 meter in diameter.
2. You can put the dish (pretty much) anywhere whether this is common property or your own property in order to obtain a signal.
3. If there is a safety hazzard the HOA reserves the right to ask you to have the dish reinstalled/moved. they can, however, ask you to have the dish moved somewhere else as long as you can receive a signal in the new location (at your expense).
4. The HOA CANNOT tell you the dish is not allowed if you meet the above guidelines.
5. Every time something like this was brought to court, the courts ruled in favor or the owner, not the HOA (when the guidelines are met). And I do mean EVERY TIME.

Basically, what I would suggest is taking the tact I originally took. Offer to use a professional installer (you have to with Voom anyway). You can offer to get a copy of any applicable licenses from the installer to give to the HOA. You might also do what I did and write up some basic guidelines for the installation (for people who will install their own--i.e. non-Voom users). I did a nice clean install on my original DirecTV install and they loved it. I wrote up what I did so others could have as a guideline.

You might also offer to have the HOA come and inspect your installation.

Basically, I understand where you are. You WILL win the fight but it may not be worth winning. If you're extra nice to the board you have a better chance of winning them over than if you just say, "It's my legal right and I'm doing it!"

Hope this helps.

The Rickster

 

[cmslick3]

Dear Guest,
I hate to say it but in this set of circumstances you are up a creek without a paddle. The rules specificly state that an antenna mounted on /in an exclusive use are may not extend into the common use area. It also states that there are no exclusions to this rule for people whom happen to face north, in other words the FCC can't help you if you purchases a north facing condo and decided you want satellite. You don't happen to have a southern window do ya?? maybe try putting the dish inside..

Sorry there is not much help in your case..