Forcible removal of satellite dish on owned condominium

[Satellite]

I am the owner of a condominium. Recently I installed 2 satellite dishes (one regular programming, another international).

I had filed an application with the association on 12/16/2003 requesting permission to do so.
After being put on hold for 2 weeks, I was informed that the board would need to meet before any decision could be taken. During these 2 weeks, I was in email communication with the president of the board in trying to arrange a meeting of the board (or some of its members) with myself so I could present my case.
Early Jan (1/3/04), I installed the dishes using DISH Network.
The board met on 2/3/04 and came to a decision that no satellite dishes would be allowed "in front" of a condo. Since 4 condominiums make up 1 unit (under 1 roof), the owners on the sides are allowed to put them up since the dishes do not "face" the road.
The board also ruled that dishes can be put up behind the condominium (on the patio), but since the dishes have to be oriented a certain angle and cannot reach above the height of the building, in my case, that leaves only the front of the building open.
One final ruling of the board is that no dishes can be installed on the roof of the unit or on the walls (common area). I have complied with this ruling. My dishes are installed in a garden patch right next to my garage which is under my exclusive control / use.

I have received communication from the board (through the homeowner's association) on 2/12/04 informing me that I have until 2/25/04 to remove my dishes.

I would like to know what FCC law states and what my options are so I do not need to remove my dish(es).

Sincerely,

 

[condomondo]

I have had a similar situation and the FCC was not very helpful.

It seems that many Boards may be challenged by new technology and then you run into the situation that the discrimination is only against sat dishes.

Anyhow, Try:

http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992132.doc

http://wireless.fcc.gov/siting/otard.html

http://www.fcc.gov/Bureaus/Cable/News_Releases/1998/nrcb8023.html

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

http://ecfr1.access.gpo.gov/otcgi/c...Y=9569&RGN=BSECCT&SUBSET=SUBSET&FROM=1&ITEM=1

http://www.condolawyers.com/

http://www.kswlaw.com/Library/Condominium/satdishes.htm

My personal credo is now: Never buy another Condominium!

Hope this helps!

 

[Michael Wechsler]

I think that FCC laws deal with something completely different - the rules of your condo as to whether a dish may be permitted or not does not concern them. It is a private matter. Part of this might concern what the rest of the tenants might see as 'unsightly' with regard to the building and that is part of what you buy into when purchasing property that is condo or coop. There are communal rules that some may like and others may not.

Originally posted by Satellite
I am the owner of a condominium. Recently I installed 2 satellite dishes (one regular programming, another international).

I had filed an application with the association on 12/16/2003 requesting permission to do so.
After being put on hold for 2 weeks, I was informed that the board would need to meet before any decision could be taken. During these 2 weeks, I was in email communication with the president of the board in trying to arrange a meeting of the board (or some of its members) with myself so I could present my case.
Early Jan (1/3/04), I installed the dishes using DISH Network.
The board met on 2/3/04 and came to a decision that no satellite dishes would be allowed "in front" of a condo. Since 4 condominiums make up 1 unit (under 1 roof), the owners on the sides are allowed to put them up since the dishes do not "face" the road.
The board also ruled that dishes can be put up behind the condominium (on the patio), but since the dishes have to be oriented a certain angle and cannot reach above the height of the building, in my case, that leaves only the front of the building open.
One final ruling of the board is that no dishes can be installed on the roof of the unit or on the walls (common area). I have complied with this ruling. My dishes are installed in a garden patch right next to my garage which is under my exclusive control / use.

I have received communication from the board (through the homeowner's association) on 2/12/04 informing me that I have until 2/25/04 to remove my dishes.

I would like to know what FCC law states and what my options are so I do not need to remove my dish(es).

Sincerely,