HOA Restricting Satellite Dish, Fully Aware Of FCC Prohibition

[LilGator]

What is the name of your state (only U.S. law)? South Carolina

Hello everyone, I'm hoping someone here is able to point me in the right direction.

I am leasing a condo and have a satellite on my balcony (Dish Network). My HOA has informed my landlord that they are "enforcing" the "no satellite dishes" rule in the master deed.

Master deed can be found here: http://nhenterprises.com/assets/pdf/The_Brio/Brio Master Deed Part 1.pdf

Here is the portion relevant to satellite dishes (apologies for any OCR errors):

13.19 Antennas and Satellite Equipment. Unless otherwise approved in writing by the Board, no Owner, Occupant, or any other Person shall place or maintain any type of exterior television or radio antenna, or satellite equipment on the Condominium. This provision shall not, however, prohibit the Association from constructing or maintaining a central antenna or communications system on the Condominium for the benefit of its members. Notwithstanding the foregoing, the Board of Directors shall regulate antennas, satellite dishes, or any other apparatns for the transrrrission or reception of television, radio, satellite, or other signals of any kind only in shict compliance with all federal laws and regulations.

According to the FCC, this rule/action by the HOA is prohibited: Installing Consumer-Owned Antennas and Satellite Dishes

They are fully aware of this, and simply don't care. I don't have $5K to drop on an attorney to take them to court and win an obviously black and white situation. They are betting on this.

I can file a petition with the FCC, with no idea on the timeframe involved, assuming anything were to come about from it.

If I owned the condo, I would simply ignore their requests and put the ball in their court.

Since I'm leasing, I'd be asking my landlord to ignore their requests and take the fire from them.

In Article 14 (Leasing) of the master deed, this is what I would be up against, simply refusing to take down the dish:

Any violation of the Master Deed, By-Laws, or rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any person living with the lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with South Carolina law. The Owner hereby delegates and assigus to the Board of Directors, acting through the Board, the power and authority of enforcement against the lessee for breaehes resulting from the violation of the Master Deed, By-Laws, and the rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof In the event the Board of Directors proceeds to evict the lessee, any costs, including attorney's fees and court costs, associated with the eviction shall be an assessment and lien against the Unit.

Do I have any options short of spending significant time and money other than complying with this "rule" that is clearly illegal?

Thanks for your time!

 

[HomeGuru]

What is the name of your state (only U.S. law)? South Carolina

Hello everyone, I'm hoping someone here is able to point me in the right direction.

I am leasing a condo and have a satellite on my balcony (Dish Network). My HOA has informed my landlord that they are "enforcing" the "no satellite dishes" rule in the master deed.

Master deed can be found here: http://nhenterprises.com/assets/pdf/The_Brio/Brio Master Deed Part 1.pdf

Here is the portion relevant to satellite dishes (apologies for any OCR errors):



According to the FCC, this rule/action by the HOA is prohibited: Installing Consumer-Owned Antennas and Satellite Dishes

They are fully aware of this, and simply don't care. I don't have $5K to drop on an attorney to take them to court and win an obviously black and white situation. They are betting on this.

I can file a petition with the FCC, with no idea on the timeframe involved, assuming anything were to come about from it.

If I owned the condo, I would simply ignore their requests and put the ball in their court.

Since I'm leasing, I'd be asking my landlord to ignore their requests and take the fire from them.

In Article 14 (Leasing) of the master deed, this is what I would be up against, simply refusing to take down the dish:



Do I have any options short of spending significant time and money other than complying with this "rule" that is clearly illegal?

Thanks for your time!

**A: it is really up to the landlord as to what to do.