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Hello. I am considering re-locating to the Falls River neighborhood of North Raleigh. I was looking at their covenants ( Books! Online Records - Document Images ) and came across Part III, Section 9, which states that no transmission receivers (antennas/dish) may be installed without prior approval.
Is this a rubber stamp sort of request, or do HOAs just love TimeWarner Cable?
If it is just procedural, fine, but not allowing discrete receivers seems rather draconian.
Hello. I am considering re-locating to the Falls River neighborhood of North Raleigh. I was looking at their covenants ( Books! Online Records - Document Images ) and came across Part III, Section 9, which states that no transmission receivers (antennas/dish) may be installed without prior approval.
Is this a rubber stamp sort of request, or do HOAs just love TimeWarner Cable?
If it is just procedural, fine, but not allowing discrete receivers seems rather draconian.
Section 207 of the Telecommunications Act of 1996 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.
HOA cannot restrict the installation of a sat dish - period. Our covenants say you can't install them but the FCC says otherwise and I and my neighbor both have them.
Perfect. This is what I was looking for. I have cable in Chicago, but we have almost 60 HD channels. When I looked at what TWC offered, I knew that this was a relocation deal breaker
Looks like I'll be ok.
Quote:
Originally Posted by mm34b
Section 207 of the Telecommunications Act of 1996 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.
I drive through Falls River all the time. There are plenty of people with satellite dishes there. They just make sure to post them in discreet locations.
Trust me, I'm sure there are loads of people with satellite TV in most neighborhoods around here.
I think the 'approval' process for dishes in most HOAs refers to their ability to enforce HOA rules about placement, color, etc. Some HOAs have rules about where the dish can be placed, what size dish you can have, and what color it has to be. Doesn't mean that they can tell you no, you can't have a dish. But you do have to go through the approval process and conform to their rules.
Now, whether or not those HOA rules would stand up in court is not for me to say!
I think the term here is "reasonable accommodation". The Feds expect HOAs, apartment/condo developments and the like to make every effort to provide reasonable accommodation to those residents wishing to subscribe to satellite-based networks.
Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety.
Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna. The safety reason for the restriction must be written in the text, preamble or legislative history of the restriction, or in a document that is readily available to antenna users, so that a person who wishes to install an antenna knows what restrictions apply.
Restrictions necessary for historic preservation also may be permitted even if they impair installation, maintenance or use of the antenna. To qualify for this exemption, the property may be any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places. In addition, restrictions necessary for historic preservation must be no more burdensome than necessary to accomplish the historic preservation goal. They also must be imposed and enforced in a non-discriminatory manner, as compared to other modern structures that are comparable in size and weight and to which local regulation would normally apply.
Its good to know that the HOAs can't stop you from putting in a receiver. I moved last week and had Directv come out to set up my dish, only to find out that my front yard was the only viable location. We could have put the dish there in front of a small tree, but I just would have felt stupid for having a dish in my front yard and I figured it would not be allowed by HOA. I am so depressed about having to switch to TWC and lose my NFL Package as well as lose my ability to watch the Baltimore Orioles on MASN. Stupid TWC! Time for them to obey the courts and put MASN in their lineup.
An HOA cannot restrict you from putting a dish in your front yard if you can show it's the only way you can get service. They can require you plant a bush in front of it, but if they try to make you remove it, you can call the FCC and have the situation resolved in your favor in about 10 minutes.
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