may need lawyer help, condo assoc and satellite dish

[easytoremember]

So I moved into my condo in 2007. And I immediately put up a satellite dish. I talked with the developer who was also the condo board at the time and they told me where it was to be put, on the roof in the back of the building.

Everything's fine until recently.

A couple years ago, a new management company takes over called Camco management. Everything's still fine until this year I get a letter saying I'm in violation of something because I never had permission to put it up, which isn't true since 6 years ago they weren't around.

At the last board meeting I asked for them to show me what I'm in violation of. They showed me a form they created. I told them that form didn't exist when I put up my dish and they need to show me what I violated at that time... they were unable to but they said they would get back to me.

Minutes from the meeting said they are working with me on the issue.


Today I get a letter saying I'm being fined 300 for the dish and have 30 days to take it down and pay the fine.

How do I respond?

Thanks for any help.

[Xephona]

Tell them to pound sand.
http://www.fcc.gov/guides/over-air-reception-devices-rule

[easytoremember]

the rule does not apply to common areas, only exclusive use areas.... the roof is ruled as a common area since the association is responsible for maintenance of it. so looks like it does have to be moved to my patio.... at least directv is going to reinstall it for free.... too bad about the fine :(

[95 TA - The Beast]

You are in a condo with ownership rights. You are not in a leased property. Even on leased property they cannot make you take it down.

I had a similar situation in my old apartment. I immediately put up a satellite dish in 1997 when I started leasing. They had 5 different management teams take over in the 15 years I was there and every time a new one did they wanted me to take it down. I politely told them I was grandfathered in because that was a term of my initial lease, verbal at the time, between me and the manager at the time.

They never once pushed the issue. I pulled it down myself after having it out with DirecTVs mafia tactics, but that was in like 2007-2008 or thereabouts. Hell I had it up for at least 3-4 years without even using it.

Per the FCC you are protected to be allowed to have one. Especially since you already had the arrangement with the original developer/board, I would just stand by your point that it was an agreed upon requirement for you to purchase. Written or not, verbal agreements for such things are perfectly acceptable and in no way can they just make a rule to restrict you now after you have had it up and functioning since you moved in. Again, you have ownership rights and they are just managing the property, they do not own the property. Even if the area you have the dish mounted is not part of what you own it is akin to an easement at this point and should not pose any issues unless they want to totally change that area of the building which would require either moving or remounting of your dish, but that is up to them to handle properly as you are allowed to be provided the service you have had since you purchased the property.

If they end up taking you to court, get an attorney. If you feel harassed/threatened, get and attorney and go after them for that. Most of the time those kinds of threats are empty, basically used as a scare tactic to try to get their way.

What you probably have is an issue where they either have another owner complaining about seeing it, or their insurance premiums are being jacked because of the dish. In any case it is not something you need to worry about.

[95 TA - The Beast]

Moving it is a reasonable resolution as long as they are not going to try to say you can't have it at all.

In regards to the fine I would fight it tooth and nail after it is moved. They have to dismiss the fine considering what I mentioned above. Good luck having a court uphold the fine when you took reasonable action to resolve a situation that basically was non-existent upon your move-in.

[Adamsy87]

A couple years ago, a new management company takes over called Camco management.

We have Camco at our place too..... :/

[easytoremember]

update:

so directv moved the dish yesterday from the roof to a stand on my balcony. i talked to brian cameron of camco mgmt and one of the board members yesterday. the board member came over and watched him install it. i also have it in writing from them thats the new spot is ok. even though initially it couldnt be visibile from the street..... it is sure visible now... but its in writing so there ya go.... for the fine? i told them ive made more progress on this issue than they did so im not paying it.

thanks for the help