HOA Satellite Dish Covenants

[JJones13]

What is the name of your state?What is the name of your state? Washington
I am currently in a dispute with my HOA over the location of my satellite dish. The original covenant totally violated the FCC regulations. When informed of this they continued to threaten litigation. Then the HOA board announced a variance to the covenant that specifically restricts the location of the dish to an area not visible form the front of the house. Can they do that? Can they change the rules and then enforce them retroactively? There are still FCC regulations to be considered but they have totally disregarded them.

[seniorjudge]

Originally Posted by JJones13

What is the name of your state?What is the name of your state? Washington
I am currently in a dispute with my HOA over the location of my satellite dish. The original covenant totally violated the FCC regulations. When informed of this they continued to threaten litigation. Then the HOA board announced a variance to the covenant that specifically restricts the location of the dish to an area not visible form the front of the house. Can they do that? Can they change the rules and then enforce them retroactively? There are still FCC regulations to be considered but they have totally disregarded them.

Where are these FCC rules posted?

[JJones13]

[url]www.fcc.gov/mb/facts/otard.html[/url] The rule (47 C.F.R. Section 1.4000) My question is really two issues. 1) How much weight does the FCC regulation have (HOA attorney seems to think little) and 2) Can the HOA "change" the rule without a member vote and enforce it prior to it being in place?

[Some Random Guy]

The federal law has LOTS of weight in a very specific way. It completely overrides your HOA regulations if they (1) unreasonably delay or prevent use of; (2) unreasonably increase the cost of; or (3) preclude a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule.

The question is how well you can argue that locating the dish in an area not visible from the front of the house will prevent you from getting an acceptable signal.

They have a lawyer on their side, do you have one on yours? Are you willing to pay for your HOA's lawyer fees if you lose?

[seniorjudge]

Originally Posted by JJones13

[url]www.fcc.gov/mb/facts/otard.html[/url] The rule (47 C.F.R. Section 1.4000) My question is really two issues. 1) How much weight does the FCC regulation have (HOA attorney seems to think little) and 2) Can the HOA "change" the rule without a member vote and enforce it prior to it being in place?

Thank you; I have been looking for those rules.

[HomeGuru]

Originally Posted by JJones13

What is the name of your state?What is the name of your state? Washington
I am currently in a dispute with my HOA over the location of my satellite dish. The original covenant totally violated the FCC regulations. When informed of this they continued to threaten litigation. Then the HOA board announced a variance to the covenant that specifically restricts the location of the dish to an area not visible form the front of the house. Can they do that? Can they change the rules and then enforce them retroactively? There are still FCC regulations to be considered but they have totally disregarded them.

**A: yes, the HOA can do that. Read the FCC regs.

[JJones13]

Originally Posted by HomeGuru

**A: yes, the HOA can do that. Read the FCC regs.

I understand the covenant can stipulate location assuming other factors are not an issue. But can they seemingly change the rules without going to the membership and can the rule change be enforced retroactively? Shouldn't I be grandfathered in?

[JJones13]

The question is how well you can argue that locating the dish in an area not visible from the front of the house will prevent you from getting an acceptable signal.

They have a lawyer on their side, do you have one on yours? Are you willing to pay for your HOA's lawyer fees if you lose?[/quote]

That is the dilema, how well can I argue it and what is it worth. What I am looking for is advice on if this is a fight that I can win or at least have a real good shot at.

[HomeGuru]

Originally Posted by JJones13

I understand the covenant can stipulate location assuming other factors are not an issue. But can they seemingly change the rules without going to the membership and can the rule change be enforced retroactively?

**A: yes, read your CC&R's
*****
Shouldn't I be grandfathered in?

**A: no, who made you god?

[JJones13]

Nobody made me god. I just have a hard time understanding how the rules can be changed after the fact especially without any input from the homeowners. Isn't that why you have covenants in the first place? So you know the "rules" of the neighborhood. If those can change so easily what is the point?

[HomeGuru]

Originally Posted by JJones13

Nobody made me god. I just have a hard time understanding how the rules can be changed after the fact especially without any input from the homeowners. Isn't that why you have covenants in the first place? So you know the "rules" of the neighborhood. If those can change so easily what is the point?

**A: read your CC&R's.