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MULTIPLE SATELLITE
DISHES
 QUESTION: Can an HOA limit
the number of satellite dishes an owner can install on his residence?
Additionally, can an HOA specify where a dish can and cannot be mounted? We have
an owner in an HOA of single family homes who just installed his 3rd dish on
the roof in the front of his house.
ANSWER:
FCC guidelines provide that owners may have more than one antenna:
The rule applies to
individuals who place antennas [plural]that meet size limitations on
property that they own or rent and that is within their exclusive use or
control . . .
According to their
FAQ Sheet,
you cannot restrict residents to only one antenna if more than one antenna is necessary to receive the
desired service. However, the extra dishes must provide service to the
owner's property only. Owners may not, without the association's permission,
place dishes on their property for the benefit of their neighbors.
In addition,
multiple antennas are still subject to an association's reasonable restrictions
on location of dishes, method of installation, camouflaging,
safety, etc. Associations
can (and should) draft rules regarding installation of satellite dishes, otherwise
owners can install them as they please on their property. However, keep in mind that your rules
may not (1) unreasonably delay or prevent installation, maintenance or use; (2)
unreasonably increase the cost of installation, maintenance or use; or (3)
preclude reception of an acceptable quality signal from satellite
dishes up to 1 meter (39.37 inches) in size in areas that residents own or have
exclusive use.
RADIO,
CB and HAM ANTENNAS
 Associations may restrict other kinds of antennas. The FCC rule
(47 CFR 1.4000) that protects satellite dishes does not protect the
following categories of antennas/dishes:
- Antennas longer than one meter or dishes greater than one meter in
diameter;
- Television antennas (stick style) used to
receive a distant signal;
- AM/FM radio antennas;
- Amateur ("ham") radio antennas;
- CB radio antennas;
- Digital Audio Radio Services (DARS) antennas (Sirius and XM);
- Relay or transmit-only antennas/dishes.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
BOARD
PRESIDENTS. Following is some of the feedback I received on whether
boards have presidents:
Hi Adrian. Perhaps the presiding Director of the Board should be titled "Your
Highness", or "Your Majesty". -LR
Boy! Petty semantics! Who cares?!?!? Some people have too much time on their
hands. ;-) -EE
In the majority of the HOAs -- unlike large corporations (especially
for-profit ones) -- the distinction between directors and officers is
distinction without a difference because the board appoints officers from their
own ranks. -SY
I agree with the Manager who said that the
President of the Association is NOT the President of the Board. . . . many times a President
being called a "Board President" has the connotation that they may exercise a
higher level of privilege over other Board members and our Board here certainly
understands that this is not the case. Each Board member is equal. -RN
Enjoyed this Adrian. Keep it up. Almost makes
me want to return to work. -LH |
