Condo Association Satellite Issue

[ladyjbd3155]

What is the name of your state? Kentucky

I own a condo with my boyfriend. We have lived there for a little over a year and pay our dues every month.

A couple of months ago we decided to look into having satellite installed. We asked the board if this was permissable and they said no, it was "unsightly". After learning of an FCC regulations that makes it illegal for an association to deny satellite access to owners, we contacted the building management. It took us WEEKS to even get someone to talk to us. I can't even describe how hard it was for us to get anyone to acknowledge us. Our phone calls were never returned. We tried contacting the President of our association numerous times, by phone and in person, and were never responded to. Finally, we were able to get ahold of the woman who owns the property. She said she was aware of the law and actually has other associations where people DO have satellite. It was confirmed to us that we were, by law, able to havea dish installed and the board could not stop this. So, we scheduled an appointment to have the dish installed and the owner of the property told us that the board would still have to give us written permission afterwards to have it, for their records.

A few weeks after we had the dish installed there was a board meeting and the minutes were posted in all buildings. One of the issues they discussed was satellite use. The board said they were looking into options for satellite installation.

A few weeks after that, we received a letter in the mail that was addressed to all residents and laid out the "guidelines" that they had just come up with. Conciendentally or not, every one of their guidelines was the exact opposite of what we have. Again, we were not able to get anyone to return our calls.

We then received a letter in the mail that told us we had to move our satellite to comply with these guidelines.

Wanting to have the community involved in this process, and really understand how everyone felt, (whether it was the community at large or just a few board members who were upset), we sent out a letter to every resident of our community outlining what had gone on and where we stood. We ended the letter asking that anyone who felt it was an issue that needed to be discussed to meet and talk with us at the next board meeting (since we could not get ahold of anyone any other way).

The board and property management then sent out their own letter to everyone with "their" version of what happened. It was filled with lies. They said that we misled everyone in our letter and then took credit for everything we had done to try to work with them. They stated things that WE had said to THEM in order to try to compromise and claimed it was their own ideas to us that we disregarded.

At the board meeting, there were about 20 people present, out of 72 units. We tried to explain to everyone our position and why we felt like the satellite should not have to be moved. All everyone kept saying was that we couldn't do it, because it was against our by laws. When we brought up the FCC law that DOES allow the satellite, it was almost as if it went in one ear and out the other. We were just told that it was against the bylaws. We asked about why it was so hard to get ahold of anyone, or get anyone to return our calls but were not given any sort of an answer. We mentioned that several people had come up to us since the letter we mailed out and told us that they don't care at all about satellite and there is no problem with it. In response to that, the people at the meeting just responded "Well, they're not here are they?"

After a lot of back and forth at the meeting, the end result was that we would consider different options for the satellite, talk amongst outselves, and work with the property manager on a one on one basis to decide what to do.

After 2 weeks we received another letter that states that during the meeting we agreed to move the satellite but have not yet. This is not at all what we agreed to. We left the meeting with everyone understanding that we would CONSIDER it and get back with them. They said in the latest letter that we have until the end of the month to move the satellite or further action will be taken.

Almost all of their letters have been filled with things that are not true. And we both find it extremely frustrating that no one would talk to us face to face, or even return our calls. We just keep getting letters in the mail. Furthermore, it is upsetting that we were lied to in the first place by being told that we COULD NOT have the satellite at all, which is not true. Then, AFTER we have the satellite installed, they come up with a set of guidelines which we do not follow and order us to move it. Still, we cannot get anyone on the phone to address us. We leave message, multiple phone numbers we can be reached at, and nothing.

The complain the board has is that one arm of our satellite extends over our balcony railing about 3 inches. They are saying that because of that, it is no longer in our private balcony, and is now in the "limited common use" areas. Also, that we have it attached to the railing (they say we cannot have anything attached to the railing). The problem that we have with those issues, is that there are NUMEROUS units in our community that have their balconies screened in from the outside. All of their screening and hardware are attached to the railing and also extend outside the railing about 3-4 inches. We have asked why we are being forced to move our satellite because of this "rule" if they are not going to enforce the rule in regards to anyone else in the buildings. We feel as if we are being singled out and almost harrassed. When we asked about the other units being allowed to do this (and also attach things such as lights to their railings) we were told any further complaints we have should be put in writing and mailed to them as they are not speaking with us anymore about it. The property manager told us that we are just trying to be "hardcore" about this because we saw the majority of the community did not want the satellite. However, I have to disagree that 20 people out of 72 units is the majority. They were not even open to posing this as a vote to everyone.

My question is, do you guys think we have reason to pursue legal action?

[seniorjudge]

Q: My question is, do you guys think we have reason to pursue legal action?

A: Yes.

[LindaP777]

Originally Posted by ladyjbd3155

I own a condo with my boyfriend. We have lived there for a little over a year and pay our dues every month.
Finally, we were able to get ahold of the woman who owns the property.

I'm confused . . . do you own the condo? Who is "the woman who owns the property"?

[ladyjbd3155]

Sorry, I was not clear on that.

I own my condo, yes. It is not a stand alone, but in a complex. She manages the property for the company who owns the condo association.

[Shel77]

This may not be the case with yours but nearly all condos which are owned you only own inside your home not the outside walls so if your dish is mounted on the walls exterior which is maintained by the association they can and obviously will make you move it to where they have deemed "ok". Do you not have some sort of "ARC" form which you needed to fill out and get approved prior to installing anything, why did you not just send a letter requesting permission and the manner in which the dish needed to be installed to comply, you have really gone out of your way to drag the entire neighborhood into having a problem over a stupid satellite dish. Just put the thing where they say it can go and leave it alone. Some people just want to make an issue and have everything be difficult. So what they were hard to get a hold of and said you could not have one in the beginning. Now, they have put out rules that deem it ok and given guidelines as to how they are to be installed, just comply and get on with your lives and leave everyone in the community who really could care less about your new satellite dish alone.