Satellite Dish Policy - The Promenade at Seagate Homeowners

Satellite Dish Policy - The Promenade at Seagate Homeowners
THE PROMENADE AT SEAGATE HOMEOWNERS ASSOCIATION
SATELLITE DISH/ANTENNA POLICY
A. Introduction.
The Federal communications Commission (“FCC”) adopted a rule concerning the
ability of homeowners associations to control the installation of small (less than 39”
in diameter) television satellite dishes (such as the small Sony, RCA, DirecTV and
similar dishes).
The FCC permits the Association to prohibit rooftop installations and to establish
preferred locations for satellite dish installations within exclusive use balcony and
patio areas. One of the purposes of the Association is to maintain and enhance
property values, and therefore for safety and appearance purposes, common area roof
and wall installations are prohibited and balcony and patio installations must be
made in accordance with the requirements described below.
B. Balcony and Patio Installations.
Dishes one meter or less in diameter may be installed within the perimeter of the of a
unit’s private patio area provided:
¾ In accordance with the FCC rule, the Association may control the location of
the Antenna within the balcony and patio areas, and the Association may
require reasonable screening or concealment of the dish to the Architectural
Committee’s reasonable satisfaction, such as painting the antenna, as long as
the conditions will not unreasonably increase the cost of the system,
unreasonably delay the installation, or render reception of a signal impossible
or substantially degraded. A dish may not be installed on the exterior side
of a patio wall or fence. A dish may not be screwed, bolted, or otherwise
installed into the floor surface of a balcony deck, because such
installations will allow water to infiltrate into the deck.
¾ If a cable is to be installed through a wall, the cable must be fed through a
“pass-thru” tube, which must be kept sealed on the exterior side of the wall by
the owner.
¾ The owner must maintain the dish and cause all damage resulting from the
installation and/or removal of the dish to be repaired in accordance with the
CC&Rs.
¾ Failure to follow these requirements may result in the owner incurring the
costs of repairing all damage caused by the installation and/or removal of the
dish.
SATELLITE DISH/ANTENNA POLICY CONT.
1. Dishes: Satellite dish and antenna designed to receive programming services may be
installed in an area under an owner’s exclusive use or control so long as such
antennae and satellite dishes are (a) one meter or less in diameter, (b) installed in the
least visually obtrusive portion of an owner’s property where an acceptable quality
signal can be received, so long as such installation is not unreasonably expensive, and
(c) either screened from view or painted to match the surrounding area so as to blend
in with the surrounding area.
2. Broadcast Antennae: Antennae designed to received television broadcast signals
may be installed in an area under an owner’s exclusive use or control so long as (a) an
acceptable quality signal cannot be received via an indoor antenna (e.g., an antenna
mounted in an attic, “rabbit ears,” etc.), (b) the antenna used is the smallest size
available at a reasonable cost that receives an acceptable quality signal, and (c) the
antenna is installed in the least visually obtrusive portion of an owner’s property
where an acceptable quality signal can be received, so long as such installation is not
unreasonably expensive.
3. Attachment of Dishes or Antennae: Satellite dishes and antennae may not be
attached to any common areas or area not under an owner’s exclusive use or control
unless the location and method of installation is approved in advance by the Board of
Directors in accordance with the regular procedure for architectural modifications.
The foregoing policies and practices shall remain in full force and effect until such time
as they may be changed, modified, or amended in their entirety, by a duly adopted
Resolution of the Board of Directors of The Promenade At Seagate Homeowners
Association.
NEW SATELLITE DISH INFORMATION
The FCC has handed down declaratory rulings on seven of the ten petitions filed with the
FCC pertaining to antenna/satellite dish installation. In each case ruled on so far, the
FCC has ruled in favor of the plaintiff (homeowner or telecommunication company).
The results of those rulings are as follows:
1.
2.
3.
4.
5.
Associations must eliminate any prior approval, application, or permit process from
their restriction.
Associations must have restrictions but those restrictions cannot cause unreasonable
delay or further cost in antenna installation, maintenance, or use.
Restrictions may be placed regarding safety concerns (example, installing an antenna
on a fire escape), but those restrictions must be clearly defined.
Associations may not restrict the installation of antennas under the historical district.
If the FCC finds that any part of an association restriction is invalid, then the entire
restriction is unenforceable.
When considering all of these new rulings it is of the utmost importance to rewrite and
adopt new guidelines regarding the installation of antennas. Unfortunately, the
enforcement of such restrictions could fall under the causing of unreasonable delay or
further cost in installation, maintenance, and use. These rulings only apply to antennas
no larger than one meter in size.
Please note that out of the seven cases that have had a ruling rendered, only one involved
a townhouse. In this particular case, a homeowner had installed a DBS antenna on his
balcony. It was established that the owner had exclusive ownership and use of his
balcony (regardless of the association’s easement permitting it to enter, inspect, and make
repairs), which fell under the precedent that the association could not impose
unreasonable delay or further costs in antenna installation, maintenance, or use. Further
rulings in the future should be able to clarify an association’s ability to restrict installation
in common areas.
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