CaliforniaPlaya
Junior Member
I own a condo in a community in California that allows individual satellite dishes to be installed. The buildings are three levels, garages on the bottom, two condos on the first floor and two condos on the second floor. The HOA does allow for the installation of personal satellite dishes. If they can be installed on a south-facing exclusive use patio, that is where they are to go. If the homeowner does not have a suitable exclusive use area for it to be installed, the HOA has allowed the dishes to be installed on and drilled through the wood a-frame overlooking the roof.
They do have rules that need to be abided by: only white cable, cable needs to be hidden behind gutter and run along down-spout, must enter home in a inconspicuous manner, etc. I had planned to install a dish and spoke to the person on the Board who approves architectural changes to find out the exact procedure. She verbally told me that I do not need to fill out a request form, and just make sure the installer keeps to the specs.
The day the installer came out, he told me he was not able to install the dish on the a-frame as the foot is too wide and asked where else he can install it. Because I didn't want to have any problems or complaints with it after the install, I found and asked the same lady on the Board to come and talk to the installer to try and find an alternate suitable location - she did. The installer mentioned several locations and she said no. She then asked him if it can be clamped onto the overhang on the top level, he said it can.
Between the two of them, they decided to install it in the corner above an upstairs neighbors (I'm on the lower level) patio clamped onto the eave or overhang or whatever it is called. She says that the patios are for exclusive use of the residents, but are owned by the community. I've honestly never looked into it that closely and don't even know where I would go to look. The installer asked me if it would be ok for him to go on that persons patio to install the dish. I know that neighbor and got in touch with him, he said it is fine for the installer to go on his patio. I went up there with him just to witness that it is installed as he was told to and nothing gets moved or broken. That is what he did.
When that homeowner got home, he sent an email to all Board members (he is on the Board himself) complaining that the dish is ugly and he can see the clamp from his window. He threatened me that he was going to take it down and throw it over the patio. He also complained that is on exclusive use property and he doesn't want it there. Now the HOA has sent me a letter telling me that I need to move or remove it, but they haven't specified a location to move it to. It can be seen from his window, but he has to be looking for it, it doesn't block any of his window, it is off to the side. If he looks a little further, he can see dishes installed on the building in our community next door. The person that verbally approved the install doesn't deny she approved it, but the person complaining about it is complaining enough and the other Board members are getting on her enough that she is thinking it was a mistake.
I have read over the FCC ruling on satellite dishes and antennas, but it doesn't really apply to our community because the HOA does allow dishes to be installed on non-exclusive use areas and for holes to be drilled.
So, a few questions:
(1) Is a roof eave on a building like this considered to be community property, exclusive use, something else, how would I find out in my specific community?
(2) Does whether a person can or can't see something from their window have any bearing on whether or not it can be there?
(3) Is there any difference in ownership between the a-frame and the roof eave of a building such as this? Where can I look to find out for sure? Is there even anything that specifies things like this?
(4) Can the HOA require me to move or remove a dish that I had installed in the location their representative specified? If so, who is responsible for any incurred charges?
(5) Can the HOA require me to move or remove a dish that I had installed while allowing other homeowners to have a dish installed in a similar manner on other buildings?
(6) Can my upstairs neighbor physically remove my dish without my permission from property that he thinks is exclusively his? If so, do I have any recourse against him for damages or reinstallation?
This seems like such a minor thing and I feel like I am in the middle of the HOA, Board members, and all the bickering they like to do.
Thanks!!!
They do have rules that need to be abided by: only white cable, cable needs to be hidden behind gutter and run along down-spout, must enter home in a inconspicuous manner, etc. I had planned to install a dish and spoke to the person on the Board who approves architectural changes to find out the exact procedure. She verbally told me that I do not need to fill out a request form, and just make sure the installer keeps to the specs.
The day the installer came out, he told me he was not able to install the dish on the a-frame as the foot is too wide and asked where else he can install it. Because I didn't want to have any problems or complaints with it after the install, I found and asked the same lady on the Board to come and talk to the installer to try and find an alternate suitable location - she did. The installer mentioned several locations and she said no. She then asked him if it can be clamped onto the overhang on the top level, he said it can.
Between the two of them, they decided to install it in the corner above an upstairs neighbors (I'm on the lower level) patio clamped onto the eave or overhang or whatever it is called. She says that the patios are for exclusive use of the residents, but are owned by the community. I've honestly never looked into it that closely and don't even know where I would go to look. The installer asked me if it would be ok for him to go on that persons patio to install the dish. I know that neighbor and got in touch with him, he said it is fine for the installer to go on his patio. I went up there with him just to witness that it is installed as he was told to and nothing gets moved or broken. That is what he did.
When that homeowner got home, he sent an email to all Board members (he is on the Board himself) complaining that the dish is ugly and he can see the clamp from his window. He threatened me that he was going to take it down and throw it over the patio. He also complained that is on exclusive use property and he doesn't want it there. Now the HOA has sent me a letter telling me that I need to move or remove it, but they haven't specified a location to move it to. It can be seen from his window, but he has to be looking for it, it doesn't block any of his window, it is off to the side. If he looks a little further, he can see dishes installed on the building in our community next door. The person that verbally approved the install doesn't deny she approved it, but the person complaining about it is complaining enough and the other Board members are getting on her enough that she is thinking it was a mistake.
I have read over the FCC ruling on satellite dishes and antennas, but it doesn't really apply to our community because the HOA does allow dishes to be installed on non-exclusive use areas and for holes to be drilled.
So, a few questions:
(1) Is a roof eave on a building like this considered to be community property, exclusive use, something else, how would I find out in my specific community?
(2) Does whether a person can or can't see something from their window have any bearing on whether or not it can be there?
(3) Is there any difference in ownership between the a-frame and the roof eave of a building such as this? Where can I look to find out for sure? Is there even anything that specifies things like this?
(4) Can the HOA require me to move or remove a dish that I had installed in the location their representative specified? If so, who is responsible for any incurred charges?
(5) Can the HOA require me to move or remove a dish that I had installed while allowing other homeowners to have a dish installed in a similar manner on other buildings?
(6) Can my upstairs neighbor physically remove my dish without my permission from property that he thinks is exclusively his? If so, do I have any recourse against him for damages or reinstallation?
This seems like such a minor thing and I feel like I am in the middle of the HOA, Board members, and all the bickering they like to do.
Thanks!!!