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While looking for a community with lots for sale, I found one that I had interest. I went to their website to read their rules and regulations. I was astonished at what I read under the heading 'Antennas'. It stated that antennas were not allowed and permission was needed to install a dish.
Evidently the person[s] writing that rule don't know that what they have written is illegal as per the F.C.C.
In 1996, the FCC adopted rules for over the air reception devices [a.k.a. 'OTARD' rules]
An owner or a tenant has the right to install an antenna or a dish [under 39.37"] on property that he owns or has exclusive use or control, to include single family home, condominium, cooperative, townhome or manufactured home. Restrictions that prevent or delay installation and getting approval before installing are prohibited.
An association may impose 'safety' restrictions, meaning how the antenna/dish is mounted/fastened or the antenna/dish is mounted out of view like on the side or rear.
The entity trying to enforce their rule must prove the rule is legitimate. The burden is not on the property owner.
Bottom line- an antenna or dish can not be denied. You don't need 'permission'.
Source- FCC consumer guide
Installing consumer owned antennas and satellite dishes
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,585 posts, read 81,206,701 times
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So if they want you to install it on the back where it's not visible and the sight line to the satellite is blocked by the 100' trees or 4 story building behind you, what can you do? Just another reason not to buy at any place with an HOA.
I forget the name of the unit we install but it's installed in the attic and is good for 75 miles. Most of our local TV stations are located in one area southeast of town so it's not a big issue. They also make one that is directional that turns by remote control that is also attic mounted. Range on it is over 100 miles. A dish presents a lot of issues usually in subdivisions that don't want antennaes of any kind visible. Luckily you can get tons of TV via AT&T, Time Warner and others in these subdivisions. If you can get a land line here, you can get cable type TV with AT&T. They are generally a great provider too. I have it and wouldn't have anything else. But that may not apply everywhere.
What you fail to see is they hope that the typical H/O doesn't "get it"/know it! I can assure you that if any board member/HOA tried to enforce that "rule" with a knowledgable H/O they would get the Federal Law thrown in their face.
When were the HOA's regulations written? Ours were written in the late 80s and early 90s, before the FCC rules and when a satellite dish was an 8-foot monstrosity/eyesore. They have never been changed because it takes 100% vote to change the bylaws, plus legal fees, etc. It's just easier to not enforce the rule, most everyone understands that it's ridiculous these days.
I just wonder why anyone would use dish? If you're in an HOA neighborhood, you most likely have access to much better wired cable networks.
Our HOA allows dishes, they just dictate the installation location. They must be mounted in the rear of the residence where the neighbors aren't subjected to having to look at what amounts to clutter.
I would never have dish for two reasons, first is the looks of that dish hanging on my house, and I don't want cables running all over the place. The home builder puts the cables in the walls where they don't show, then along comes the dish people who run their own cables all over. There may be exceptions, since I'm no expert on dish, but all the installations I've seen, the cables are run outside the walls. Just my opinion, I don't attempt to influence anyone Else's decision... Thankfully I have fiber-optic available in my area, the best of all worlds...
To answer the question above on why anyone would want dish over wired, It's my understanding that there are certain packages available on dish you can't get with cable, i.e., the very popular huge sports package that dish owns the exclusive rights to, so cable users can not purchase it. If you want to watch every sporting event from all around the country, you need Dish... It's a big reason dish is successful. They will hold on to that exclusive package forever if they can, it's what gets their foot in the door...
While looking for a community with lots for sale, I found one that I had interest. I went to their website to read their rules and regulations. I was astonished at what I read under the heading 'Antennas'. It stated that antennas were not allowed and permission was needed to install a dish.
Evidently the person[s] writing that rule don't know that what they have written is illegal as per the F.C.C.
In 1996, the FCC adopted rules for over the air reception devices [a.k.a. 'OTARD' rules] An owner or a tenant has the right to install an antenna or a dish [under 39.37"] on property that he owns or has exclusive use or control, to include single family home, condominium, cooperative, townhome or manufactured home. Restrictions that prevent or delay installation and getting approval before installing are prohibited.
An association may impose 'safety' restrictions, meaning how the antenna/dish is mounted/fastened or the antenna/dish is mounted out of view like on the side or rear.
The entity trying to enforce their rule must prove the rule is legitimate. The burden is not on the property owner.
Bottom line- an antenna or dish can not be denied. You don't need 'permission'.
Source- FCC consumer guide
Installing consumer owned antennas and satellite dishes
not true. I live in a co-op and you own the inside of the apartment, not the outside and therefore you are not allowed to attatch the dish to the building, and our building board will not allow it.
Im glad also, they are an eyesore attached to the building.
its another ting when it is your own house and it is in the back of the house where it isnt viseable.
we have some buildings that do allow it, and from the front of the building looking at 16 dishes attatched all over looks terrible.
not true. I live in a co-op and you own the inside of the apartment, not the outside and therefore you are not allowed to attatch the dish to the building, and our building board will not allow it.
But it is true. "An owner or a tenant has the right to install an antenna or a dish [under 39.37"] on property that he owns or has exclusive use or control, to include single family home, condominium, cooperative, townhome or manufactured home."
If you don't own the outside of you apartment then this does not apply to you.
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