# HOA and painting dish



## Jnipz (Jul 21, 2010)

My dish is located below a 6ft wall not visible from the street and the HOA wants me to paint the dish. My understanding is that this will cause signal loss and is not recommended. Am I not protected by the Telecommunications Act of 1996? What are your thoughts?


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## BattleZone (Nov 13, 2007)

Yes, you are protected, but by the federal OTARD (Over-The-Air Reception Device) law. Tell them to pound sand.


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## matt (Jan 12, 2010)

Paint it pink.

Really though, don't paint it. Stand your ground.


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## texasbrit (Aug 9, 2006)

The FCC rules make it clear that a requirement by the HOA for you to paint the dish is OK. To quote the OTARD regulations "A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs. "
Painting the dish with non-metallic paint will not affect signal strength.


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## Jnipz (Jul 21, 2010)

Just spoke with someone over at Directv and was told that it is not recommended as it will cause problems with signal strength and if I do they would charge to have the dish replaced.


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## matt (Jan 12, 2010)

Sound like it would "interfere with reception" then cause an "unreasonable cost."

Keep fighting, don't let those (IMO) stupid HOAs push you around.


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## JosephB (Nov 14, 2005)

Just get someone at DirecTV to put that in writing


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## Jnipz (Jul 21, 2010)

What gets me is the fact that they trespassed and looked over my wall as it cannot be seen from the street.


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## E91 (Oct 7, 2008)

I have a townhouse with balconies. Technically, the HOA owns the balconies but I have a permenant easement for their use. That is how they regulate what happens on the balconies.


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## inkahauts (Nov 13, 2006)

Pound sounds is what they need to do. Ask them how they even know you have a dish? and if no one can see it, then how do they know?

And if they say they climbed your wall to look over or something, say you are going to get a restraining order to keep them from invading your privacy. I know, I doubt you could, but it might make them think for a second.


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## ffemtreed (Jan 30, 2008)

E91 said:


> I have a townhouse with balconies. Technically, the HOA owns the balconies but I have a permenant easement for their use. That is how they regulate what happens on the balconies.


As long as you have exclusive use of those balconies you are still covered by OTARD. It doesn't matter who owns them.


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## TDK1044 (Apr 8, 2010)

The fact that your dish is 'located below a 6ft wall not visible from the street' means that you can politely tell the HOA to go away. They would lose in court anyway by trying to force you to paint the dish, if you could provide an e-mail from DirecTV stating that signal loss would occur, but the fact that the dish cannot be seen from the street gives them no case at all.


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## JosephB (Nov 14, 2005)

On the 'trespass' question, I'd read my covenants closely if I were you. In my neighborhood the covenants give them the right to come onto the property to inspect to enforce the regulations.


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## davring (Jan 13, 2007)

Rather than go through all the headaches, let them paint it. Like Texasbrit said earlier, it will not affect its performance. Don't paint the LNB, and do not use metallic paint.


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## ffemtreed (Jan 30, 2008)

davring said:


> Rather than go through all the headaches, let them paint it. Like Texasbrit said earlier, it will not affect its performance. Don't paint the LNB, and do not use metallic paint.


This kind of thinking is why our country is in the crapper right now. People just do as the Govt says and not question a thing.

No way should you have to paint a dish and void your warranty and possibly lose signal strength just because some old bat in the HOA doesn't like dishes (or more likely the HOA has a backdoor deal with the cable company)


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## texasbrit (Aug 9, 2006)

I'm just telling you what the rules say, so don't shoot the messenger. I don't think there should be a need to paint the dish either, but under the FCC OTARD rules the HOA has the right to do this, however unreasonable you think this is. There were several threads about painting the dish a couple of years ago and whatever someone at DirecTV told you, provided you only paint the dish (with non-metallic matt paint) and not the LNB (!) it will have NO effect on the signal strength. And it certainly does not void any warranty. 
Some people deliberately repaint their dish in their favorite team's colors.


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## lwilli201 (Dec 22, 2006)

I do not know why the sat companies are not more proactive in helping folks with their HOA problems. Seems like a well written letter from the legal department to the HOA explaining the law and that they will support the home owner in the matter would solve many problems. I doubt there are many HOA's that can afford to go head to head with the legal departments of Directv or Dish.


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## ffemtreed (Jan 30, 2008)

texasbrit said:


> I'm just telling you what the rules say, so don't shoot the messenger. I don't think there should be a need to paint the dish either, but under the FCC OTARD rules the HOA has the right to do this, however unreasonable you think this is. There were several threads about painting the dish a couple of years ago and whatever someone at DirecTV told you, provided you only paint the dish (with non-metallic matt paint) and not the LNB (!) it will have NO effect on the signal strength. And it certainly does not void any warranty.
> Some people deliberately repaint their dish in their favorite team's colors.


Did you read this post??



Jnipz said:


> Just spoke with someone over at Directv and was told that it is not recommended as it will cause problems with signal strength and if I do they would charge to have the dish replaced.


If the Dish provider tells you that it will cause problems and they won't replace it then you as the customer have no CHOICE but to listen to them.


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## raoul5788 (May 14, 2006)

ffemtreed said:


> As long as you have exclusive use of those balconies you are still covered by OTARD. It doesn't matter who owns them.


Not necessarily. If the dish extends out over a common area, even if the balcony use is exclusive, you aren't covered by OTARD.


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## JeffBowser (Dec 21, 2006)

Has anyone here noticed that these dishes come painted already? Another layer of non-metallic isn't going to hurt. If all it takes is 30 seconds with a $4 can of Rustoleum to make the HOA thugs happy, it would fall under the category of being a good neighbor, and not wasting too much of your own valuable time arguing with idiots.


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## sdirv (Dec 14, 2008)

As a long time board member of an HOA, I've found that our HOA (and others) do these sorts of things out of ignorance and inertia.......

When I first saw our property manager writing "violation reports" for visible sat dishes, the HOA trying to plug dishes into the architectural submittal process, etc., I made multiple copies of OTARD and other applicable FCC regs I could find and carried them to the next board meeting.

Those materials got placed into the board member's handbooks as well as the "official" rules and that was the end of it. There has from time to time been new board members who have tried to stir things up, but they've been referred back to the materials I provided and the "problem" was over.

And.....not really D* related, but.......if you dislike your HOA, have problems with your HOA.....the best course of action is participation. Don't sit back and complain.....run for a seat on the board, at the very least attend the meetings, get to know (even get friendly with) board members, they are your neighbors too.

I've had to remind the property management company (hired by the HOA) several times over the years that the BOARD interprets the CC&R's...not the management company, and not their lawyers. A Board member's primary responsibility is to represent their neighbors in Association business....I don't personally understand the "thugs" and "idiots" comments.


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## veryoldschool (Dec 10, 2006)

JeffBowser said:


> Has anyone here noticed that these dishes come painted already? Another layer of non-metallic isn't going to hurt. If all it takes is 30 seconds with a $4 can of Rustoleum to make the HOA thugs happy, it would fall under the category of being a good neighbor, and not wasting too much of your own valuable time arguing with idiots.


Glad someone brought this up and I don't even see a problem with a thin coat of metallic paint either, since what's the dish made of?
The Air Force paints antennas all the time. They have "transparent" & "reflective" paint. Clearly a radome needs to have transparent paint, but an exposed dish/reflector doesn't matter.
I sure wouldn't use a brush and house paint, but...


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## JeffBowser (Dec 21, 2006)

You are welcome to address me personally, as opposed to hiding a sentence at the end of a long-winded post with vague reference to my post.

The thugs and idiots comment comes from living in south Florida for several decades, and owing a roofing company. My experience with HOA's has been that in this area quite a large majority of them qualify for the thug and idiot label. This may not be true in other areas, I concede. If you wish, I can direct you to numerous criminal and civil filings within the Florida court system to demonstrate.



sdirv said:


> I don't personally understand the "thugs" and "idiots" comments.


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## ffemtreed (Jan 30, 2008)

JeffBowser said:


> You are welcome to address me personally, as opposed to hiding a sentence at the end of a long-winded post with vague reference to my post.
> 
> The thugs and idiots comment comes from living in south Florida for several decades, and owing a roofing company. My experience with HOA's has been that in this area quite a large majority of them qualify for the thug and idiot label. This may not be true in other areas, I concede. If you wish, I can direct you to numerous criminal and civil filings within the Florida court system to demonstrate.


Its like that all over the country. Its extremely rare to find a good HOA, even with the rare good ones all it takes is one or two bad apples to ruin it for years.


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## JeffBowser (Dec 21, 2006)

When we moved the last time to our current house, we drove our realtor nuts. We refused to consider anyplace that had an HOA. That eliminated about 90% of the houses on the market at the time. The great news was, it landed us a place in a nice older neighborhood with extra large lots, as opposed to the newer developments jammed together on zero lot line. Of course, I have to tolerate a few eccentric neighbors whose idea of a clean lawn is only having one car on jack stands at a time, but that, to me, is better than having other people tell me I have to paint my sat dish so as to not damage their tender sensibilities.



ffemtreed said:


> Its like that all over the country. Its extremely rare to find a good HOA, even with the rare good ones all it takes is one or two bad apples to ruin it for years.


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## jefbal99 (Sep 7, 2007)

I will never live in a HOA, my sister and her husband have so many problems with theirs. Same for a former co-worker, he got a $50 fine because he got stuck at work late and his trash can was out past 5pm on trash day. What a freakin joke, his biggest ***** was that the biggest violators of the HOA rules were the board members/president...


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## ffemtreed (Jan 30, 2008)

JeffBowser said:


> When we moved the last time to our current house, we drove our realtor nuts. We refused to consider anyplace that had an HOA. That eliminated about 90% of the houses on the market at the time. The great news was, it landed us a place in a nice older neighborhood with extra large lots, as opposed to the newer developments jammed together on zero lot line. Of course, I have to tolerate a few eccentric neighbors whose idea of a clean lawn is only having one car on jack stands at a time, but that, to me, is better than having other people tell me I have to paint my sat dish so as to not damage their tender sensibilities.


Yep, when I was looking for my house the first thing I told the realtor was if you show or try to talk me in to buying anything that has any CC/R's or HOA attached or potentially attached to it I am going to fire you on the spot!!!!


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## matt (Jan 12, 2010)

JeffBowser said:


> Has anyone here noticed that these dishes come painted already? Another layer of non-metallic isn't going to hurt. If all it takes is 30 seconds with a $4 can of Rustoleum to make the HOA thugs happy, it would fall under the category of being a good neighbor, and not wasting too much of your own valuable time arguing with idiots.


All it takes is 30 seconds and your wallet to make a thug mugger happy. It would fall under the category of helping the poor, and not wasting too much of your own valuable time arguing with idiots.

Give baby his pacifier.


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## Mike Bertelson (Jan 24, 2007)

If they can't see it without coming on to your property and looking over the wall then what difference does it make what color it is? :scratchin


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## E91 (Oct 7, 2008)

I hear the "no HOA" chorus thing and I appreciate it. In my own situation, I have a townhouse and the HOA is fairly benign - its a small neighborly complex and nobody every says boo to me. The big problem is that every time something goes wrong I have to deal with the board and it takes a year to get anything done. I had a leaky wall alongside my garden. If I owned the exterior, I would have just dug it up and fixed it over a weekend. 

Still, one urban reality is that HOAs are often economically necessary. My Los Angeles townhouse cost $368,000. You couldn't get near a single family home for that price around here - even after the economic meltdown. 

In any case, I believe the FCC rules are pretty widely misunderstood.

First, the HOA does not have to allow you to mount the dish on your balcony or porch - they just have to allow you to mount the dish somewhere - in a way that does not lead to additional cost or degradation in signal quality. In my case, my home has two balconies and they HOA demanded that I put the DISH on a roof with a non-penetrating mount (which I did). 

Second, the FCC rule also says very little about the actual cabling. I do not think there is anything in the FCC rules which allows tenants and condo owners to penetrate walls for cables, for example. In my case, I don't own the exterior walls, so the HOA could have said "You can install a dish, but you can't run a cable through the wall..."

Third, the FCC laws do not restrict HOAs and landlords from rules and procedures related to appearance. In one case that I know of, the HOA required the homeowner to paint wiring to match the exterior of the building. Since the homeowner was not particularly handy, she had to assume the costs of hiring a handyman with a ladder.


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## Jnipz (Jul 21, 2010)

Thanks all. They had a mix up and was looking at the house next door. I didn't even notice but their dish was above the wall. On the HOA issue...We pay them money and they line their pockets after cheap landscaping of the community. While some good HOAs take care of all front yards, mine does not. I think they have way too much power and it goes to their heads.


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## jdspencer (Nov 8, 2003)

MicroBeta said:


> If they can't see it without coming on to your property and looking over the wall then what difference does it make what color it is? :scratchin


It's also not visible from the street so what does it matter what color it is?
I'd paint it bright orange and see what happens.:lol:


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## raoul5788 (May 14, 2006)

E91 said:


> In any case, I believe the FCC rules are pretty widely misunderstood. First, the HOA does not have to allow you to mount the dish on your balcony or porch - they just have to allow you to mount the dish somewhere - in a way that does not lead to additional cost or degradation in signal quality. In my case, my home has two balconies and they HOA demanded that I put the DISH on a roof with a non-penetrating mount (which I did).


You are right, the rules are widely misunderstood. For instance, they do have to allow you to mount the dish on a balcony IF it is in an exclusive use area and it does not extend beyond the railing, and mounting it anywhere else would incur an additional cost, ie, a pole mount.


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## JeffBowser (Dec 21, 2006)

This posting is quite senseless.



matt1124 said:


> All it takes is 30 seconds and your wallet to make a thug mugger happy. It would fall under the category of helping the poor, and not wasting too much of your own valuable time arguing with idiots.
> 
> Give baby his pacifier.


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## texasbrit (Aug 9, 2006)

ffemtreed said:


> Did you read this post??
> 
> If the Dish provider tells you that it will cause problems and they won't replace it then you as the customer have no CHOICE but to listen to them.


Of course I read the post! Just because a CSR at DirecTV says something does not make it true (as we all know). This subject has come up many times over the years.


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## matt (Jan 12, 2010)

JeffBowser said:


> This posting is quite senseless.


It was a comment on letting others push you around just to make them happy and so they will leave you alone, even if it is something you don't agree to. Perhaps I didn't phrase it correctly.


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## JeffBowser (Dec 21, 2006)

The comparison you chose is in no way valid. Additionally, there's a difference between "letting others push you around" and trying to be a good neighbor and picking your battles wisely. Too many people these days want to go the mat over the most trivial crap.



matt1124 said:


> It was a comment on letting others push you around just to make them happy and so they will leave you alone, even if it is something you don't agree to. Perhaps I didn't phrase it correctly.


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## bobcamp1 (Nov 8, 2007)

matt1124 said:


> It was a comment on letting others push you around just to make them happy and so they will leave you alone, even if it is something you don't agree to. Perhaps I didn't phrase it correctly.


But he agreed to it at closing. He signed something where he promised he would abide by the HOA rules. All of them, not just the ones he liked. Except if they clearly conflict with state or federal laws.

Anyway, it was a mistake.

FYI, towns are now passing similar "draconian" laws. So it's not just limited to HOAs anymore.


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## matt (Jan 12, 2010)

The problem, IMO, is that too many people go under the mat and hide/comply on the most trivial crap.

Just like post #26. The HOA charges a $50 fine for a trash can. Stand up and fight back! Don't let them push you around! Would you be a good neighbor and pay your $50 if that happened to you?


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## Chris Blount (Jun 22, 2001)

What I don't get is why the need to paint the dish at all??? It's already grey which is a neutral color. 

My wife was on the board of our HOA and I was an active member. Every friggin time the board members would change I had to re-introduce the FCC rules because one of them would get a wild hair up their a** and decide that satellite dishes needed to be moved out of sight. I got so tired of that.

Some HOA's are OK. One of the biggest problems is people not paying their dues. Then those same people have the nerve to get upset when nothing is happening in the neighborhood.


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## Laker44 (Jun 18, 2008)

In NYC a HOA told a news reporter her flag display was in violation of their rules.


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## matt (Jan 12, 2010)

Laker44 said:


> In NYC a HOA told a news reporter her flag display was in violation of their rules.


You could easily remove those and be a good neighbor. Pick your battles and don't fight over the small stuff.


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## Mike Bertelson (Jan 24, 2007)

matt1124 said:


> You could easily remove those and be a good neighbor. Pick your battles and don't fight over the small stuff.


I think the point is, she was a reporter. I can see the story now. 

Mike


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## matt (Jan 12, 2010)

MicroBeta said:


> I think the point is, she was a reporter. I can see the story now.
> 
> Mike


Yeah, there was probably a 40' flag on a pole in the yard and she saw those on the porch and figured they would make a better story.


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## JeffBowser (Dec 21, 2006)

You consistently don't get it. It's OK, most people now don't.



matt1124 said:


> You could easily remove those and be a good neighbor. Pick your battles and don't fight over the small stuff.


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## matt (Jan 12, 2010)

JeffBowser said:


> You consistently don't get it. It's OK, most people now don't.


So you would pay the $50 and happily move on then.


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## JeffBowser (Dec 21, 2006)

<sigh> 

I was referring to the color of the dish. The $50 trash can was never any part of my point or my conversation. Let me make it a line drawing for you:

Color of your dish = trivia
Legality of having a dish at all - not trivial

Shift your thinking upstream.



matt1124 said:


> So you would pay the $50 and happily move on then.


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## matt (Jan 12, 2010)

trash can left out - $50 fine
dish wrong color - $4 fine

Yes, it's just $4. Not a big deal, but if we keep giving in to HOAs, what is next. Mailbox has to be the same style and color. House has to be the same color. Grass has to be the same height.

If you lay down on the small stuff they are going to push you over with the big stuff too.


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## JeffBowser (Dec 21, 2006)

Ok, I'll go against my grain and accept the argument you are trying to force upon me. Again, shift your thinking upstream. $50 garbage can, so what. Go after the rules and mindset that allowed that to happen in the first place. Don't argue $50 garbage can, go and argue their right to even be allowed to consider that sort of bull. You are not going to truly effect any change fighting the symptoms, fight the root issue. Don't waste your energy worrying about the turds that float your way, go upstream and go against the turd factory. Stop thinking small, and stop getting up in arms over every perceived slight, which is something that happens again and again while bigger issues go ignored.


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## Hoosier205 (Sep 3, 2007)

I have a co-worker with a bad HOA. They are among the most expensive I have heard of, yet they are responsible for little. There are no common areas to be looked after, the city is responsible for clearing snow from the streets, etc. Yet they receive a warning letter each year within the first week of January threatening action if Christmas lights are not taken down immediately. Also, they are sent a first notice of dues being due within a week of the final due date. 

My folks live in a neighborhood with a few elderly ladies who tracking the movements of others. They report anyone and everyone they can and are the source of all gossip. 

HOA's...ridiculous.


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## Upstream (Jul 4, 2006)

JeffBowser said:


> Shift your thinking upstream.


Good advice.


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## billsharpe (Jan 25, 2007)

sdirv said:


> As a long time board member of an HOA, I've found that our HOA (and others) do these sorts of things out of ignorance and inertia.......
> 
> When I first saw our property manager writing "violation reports" for visible sat dishes, the HOA trying to plug dishes into the architectural submittal process, etc., I made multiple copies of OTARD and other applicable FCC regs I could find and carried them to the next board meeting.
> 
> ...


Best advice so far. Why be confrontational?


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## matt (Jan 12, 2010)

I guess I wasn't clear in my suggestion of fighting the HOA on the issue and I think that is why we don't see eye to eye. I am completely for fighting to take down the rule. In no way did I mean fight it as in "He has a gray one, so you have to let me do it too." When I say fight HOA in any thread, my intent is fight to the death. I should express my hatred more clearly in the future.


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## JeffBowser (Dec 21, 2006)

:righton:



matt1124 said:


> I guess I wasn't clear in my suggestion of fighting the HOA on the issue and I think that is why we don't see eye to eye. I am completely for fighting to take down the rule. In no way did I mean fight it as in "He has a gray one, so you have to let me do it too." When I say fight HOA in any thread, my intent is fight to the death. I should express my hatred more clearly in the future.


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## billsharpe (Jan 25, 2007)

matt1124 said:


> I guess I wasn't clear in my suggestion of fighting the HOA on the issue and I think that is why we don't see eye to eye. I am completely for fighting to take down the rule. In no way did I mean fight it as in "He has a gray one, so you have to let me do it too." When I say fight HOA in any thread, *my intent is fight to the death.* I should express my hatred more clearly in the future.


Fight to the death? 

I suppose that's clear enough, but certainly overkill (pun intended).


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## matt (Jan 12, 2010)

Solve one and cause another :lol:

Yes, if I could take down a HOA I would jump at the chance. Unless I was president of it  (just kidding)


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## scooper (Apr 22, 2002)

The only reason I would ever get involved with a HOA is to dismantle it - assuming you could get me to move there in the first place (not- likely).


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## Lee L (Aug 15, 2002)

Hoosier205 said:


> I have a co-worker with a bad HOA. They are among the most expensive I have heard of, yet they are responsible for little. There are no common areas to be looked after, the city is responsible for clearing snow from the streets, etc. Yet they receive a warning letter each year within the first week of January threatening action if Christmas lights are not taken down immediately. Also, they are sent a first notice of dues being due within a week of the final due date.
> 
> My folks live in a neighborhood with a few elderly ladies who tracking the movements of others. They report anyone and everyone they can and are the source of all gossip.
> 
> HOA's...ridiculous.


Surely you don't mean to suggest that it takes an HOA to make little old ladies with too much time on their hands want to get into people's business.

Also, it sounds like your freinds should become involved with their board to see why things are the way they are. HOA's are not inherrently evil, it is the people that are on them that can make them evil. The best way around that is to be one of those involved as a voice of reason. You would be surprised that most HOAs have the same few people that come to meetings and run for the board while the other 99% just sit back and complain and do nothing at all. It is also a real eye opener to see jus thow many of your neighbors have no problems not paying their dues.


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## E91 (Oct 7, 2008)

billsharpe said:


> Best advice so far. Why be confrontational?


Totally agree. The thing to keep in mind is that anybody who owns a home is part of the HOA. So, if you are unhappy with the policies regarding dishes (or anything else), you have the right to input.

Personally, I think the OP should get his complex to paint their buildings the color of the dish. Win win for everybody.


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## Herdfan (Mar 18, 2006)

matt1124 said:


> Mailbox has to be the same style and color. House has to be the same color.


In my M-I-L's neighborhood, yes they are.

Funny story about HOA's and mailboxes. We had some busybodies in our HOA and they passed some seeming benign Architectural rules. One of them was that mailboxes had to be sat least 12" off the road.

So one of my neighbors goes to build a nice stone mailbox. He applies for his mailbox to be approved by the HOA. They approve it with the verbage that it needs to be at least 12" off the road. So he has a stone mason come in and build him a great looking mailbox.

Only problem was that the USPS regulation limit the distance to 8" off the road. So me and my neighbors ended up having to pay to have his new mailbox rebuilt. Those busybodies left the board and all but one have left the neighborhood.


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## sdirv (Dec 14, 2008)

JeffBowser said:


> You are welcome to address me personally, as opposed to hiding a sentence at the end of a long-winded post with vague reference to my post.
> 
> The thugs and idiots comment comes from living in south Florida for several decades, and owing a roofing company. My experience with HOA's has been that in this area quite a large majority of them qualify for the thug and idiot label. This may not be true in other areas, I concede. If you wish, I can direct you to numerous criminal and civil filings within the Florida court system to demonstrate.


Since my comment about me not understanding the comments was indeed included in the message I posted, it wasn't "hidden" anywhere....I don't see it as "vague" either...I came right out and said I didn't understand the comments, even put them in quotes. I live in Arizona, have for nearly 35 years, so that would be my experience.

And I can direct you to news articles from here (Arizona) where a homeowner walked into an HOA meeting, the proceeded to shoot and kill several board members.

Doesn't make everyone who lives in an HOA a nutcase or a murderer.....


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## E91 (Oct 7, 2008)

BTW, for those who are interested, here is the FCC factsheet:

http://www.fcc.gov/mb/facts/otard.html


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## Laker44 (Jun 18, 2008)

matt1124 said:


> You could easily remove those and be a good neighbor. Pick your battles and don't fight over the small stuff.


Not a neighbor, just a friend. If you let people dictate small stuff that you can and can't put on your own property, whats next?



MicroBeta said:


> I think the point is, she was a reporter. I can see the story now.
> 
> Mike





matt1124 said:


> Yeah, there was probably a 40' flag on a pole in the yard and she saw those on the porch and figured they would make a better story.


If she wanted to make a story about this, everyone would've heard about it by now. Not saying what network she works for, but she's a Fox.


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## B Newt (Aug 12, 2007)

Jnipz said:


> What gets me is the fact that they trespassed and looked over my wall as it cannot be seen from the street.


Or a neighbor ratted you out.


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## Joe C (Mar 3, 2005)

What color do they want the dish to be painted ?


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## TDK1044 (Apr 8, 2010)

The only case that the HOA could make in court would be if the relevant dish could be construed as an eyesore to the other home owners, and could possibly impact property prices.

If the dish is out of sight, no court would enforce any litigation initiated by the HOA. Let them blow hot air. As soon as they consult an Attorney, reality will set in.


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## bobcamp1 (Nov 8, 2007)

B Newt said:


> Or a neighbor ratted you out.


That happens a LOT. You made too much noise at your party last night? Do you have dogs that bark all day? The neighbor will examine your property with an eagle eye and bust you for any tiny offense.

I turned my neighbor in, after she built this beautiful tall wooden fence 6" from the road. This created a blind curve in that spot on the road in an area where there were lots of people walking. After watching several near misses, I turned her in. She had to pay to move that beautiful fence back 18".


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## Jnipz (Jul 21, 2010)

You guys are too much..lol It was the neighbors dish afterall. They got the houses mixed up. I would go to those meetings, but I only rent the house.


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## E91 (Oct 7, 2008)

Guys - Its worth remembering, once again, that is you are a homeowner you are part of the HOA. The HOA is not some foreign government occupying the housing complex. True, they sometimes take on a life of their own. But, you have just as much say in the process as anybody else.

Personally, when I moved in my townhouse, I got in a tussle with the HOA board about where my dish would go. It was dumb and I was acting a like a child. Once I recognized that the HOA was just a group of my neighbors doing the unpleasant job of keeping the complex running, it just came down to me going to a meeting and talking to them like a grownup.

Its silly to take this "bring it on - the FCC will protect me" mentality.


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## TDK1044 (Apr 8, 2010)

E91 said:


> Guys - Its worth remembering, once again, that is you are a homeowner you are part of the HOA. The HOA is not some foreign government occupying the housing complex. True, they sometimes take on a life of their own. But, you have just as much say in the process as anybody else.
> 
> Personally, when I moved in my townhouse, I got in a tussle with the HOA board about where my dish would go. It was dumb and I was acting a like a child. Once I recognized that the HOA was just a group of my neighbors doing the unpleasant job of keeping the complex running, it just came down to me going to a meeting and talking to them like a grownup.
> 
> Its silly to take this "bring it on - the FCC will protect me" mentality.


Disagree. In many cases, the Board of the HOA is made up of people who have little or no authority in their chosen profession.They therefore try and live out their power kick through the HOA.

For those of us who have jobs running a company, department or whatever, the last thing you want is to be a member of the Board on an HOA.

Mine only tried to mess with me one time, and as soon as they found themselves staring down the barrel of a $20,000 lawsuit, they went away and I haven't heard from them since.

HOA Boards epitomize 'The Peter Principle' perfectly.


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## matt (Jan 12, 2010)

TDK1044 said:


> HOA Boards epitomize 'The Peter Principle' perfectly.


I nominate this for best post.


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## Chris Blount (Jun 22, 2001)

E91 said:


> Guys - Its worth remembering, once again, that is you are a homeowner you are part of the HOA. The HOA is not some foreign government occupying the housing complex. True, they sometimes take on a life of their own. But, you have just as much say in the process as anybody else.
> 
> Personally, when I moved in my townhouse, I got in a tussle with the HOA board about where my dish would go. It was dumb and I was acting a like a child. Once I recognized that the HOA was just a group of my neighbors doing the unpleasant job of keeping the complex running, it just came down to me going to a meeting and talking to them like a grownup.
> 
> Its silly to take this "bring it on - the FCC will protect me" mentality.


Actually as far as satellite dish placement, you have to be that way. Some HOA coventants are written incorrectly and place illegal restrictions on satellite dishes. Sitting back and not questioning any illegal HOA rule will only bring on what you deserve.

I think HOA's are a good thing as long as they are run correctly. Of course, there is not a gun to anyone's head to live in an area with an HOA. If you don't like them, don't live there. Of course, your choices are a bit restricted on where you can live.


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## texasbrit (Aug 9, 2006)

There are many HOAs with illegal rules on satellite dishes, because their covenants were drafted before the FCC defined the OTARD rules. Most HOAs use a management company including access to legal advice. The attorneys are usually very well versed in OTARD and will advise the HOA board to follow the rules, if you point out that the HOA board is not following them. Usually sending the board a copy of OTARD is enough. But this thread discussed a situation where the HOA was actually within its rights under OTARD to ask for the dish to be painted, even though the positioning of the dish made that pointless.


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## Podkayne (Nov 1, 2007)

Some of the HOA documents may date from a time when "satellite dish" meant something about 12 feet wide in the back yard. At least we have evolved from those times!

My ham radio tower (station KF8HQ, FCC licensed amateur radio station) and array of antennae caused a bit of a fuss until I demonstrated federal law and FCC rulings favorable to my position. The self-supporting, well-grounded tower and responsibly operated (no TV interference) station also helped. They backed off. (That was in 1996...I doubt I would be so successful now with my current HOA.)

My advice is to peaceably resist any unreasonable intrusion in to the enjoyment of lawfully owned property.


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## Ric (Apr 26, 2002)

HOA President here. Unless you have done it, you don't understand it. You bought a house in an HOA enforced neighborhood, then I see all these complaints about hating the HOA. DONT MOVE THERE!! 

Now I agree that some folks take HOAs way too far. We would never fine someone for a trash can on the same day. Actually we wouldnt fine unless it was habitual - letters first. Also, most HOAs (at least ours) has ways to remove the board. I guess what I am saying is if you dont like it - get involved early and often, not when suddenly something doesnt go your way. Our last HOA meeting 15 people out of 250 homes showed up - and that included spouses. Yet they speak up load and clear when they get a letter that their weeds are a foot high and they need to take action - usually the same old stuff about HOAs shouldnt have a say on my private property...


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## TheDurk (Mar 8, 2007)

Ric said:


> HOA President here. Unless you have done it, you don't understand it. You bought a house in an HOA enforced neighborhood, then I see all these complaints about hating the HOA. DONT MOVE THERE!!
> 
> Now I agree that some folks take HOAs way too far. We would never fine someone for a trash can on the same day. Actually we wouldnt fine unless it was habitual - letters first. Also, most HOAs (at least ours) has ways to remove the board. I guess what I am saying is if you dont like it - get involved early and often, not when suddenly something doesnt go your way. Our last HOA meeting 15 people out of 250 homes showed up - and that included spouses. Yet they speak up load and clear when they get a letter that their weeds are a foot high and they need to take action - usually the same old stuff about HOAs shouldnt have a say on my private property...


I agree with your second paragraph as far as participation, but the attitude expressed in the first sounds like many HOA-holes I have seen. (My wife and I showed up at meetings, tried to be constructive and they actually wanted to make me President. I refused, then the wife said she'd do it and got elected. What a nightmare! I immediately became Assistant to the President--against my will.)

HOA's need to concentrate on their prime responsibility of maintaining and improving their common areas, and keep their noses out of everyone's business unless they become a REAL detriment to the neighborhood.


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## trh (Nov 3, 2007)

TheDurk said:


> HOA's need to concentrate on their prime responsibility of maintaining and improving their common areas, and keep their noses out of everyone's business unless they become a REAL detriment to the neighborhood.


Another prime responsibility of an HOA is to enforce the CC&R's of the community. Most of the CC&R's set standards for homes (architectural, lawn/yard maintenance, noise abatement, etc). A properly run HOA should result in protecting your property values.

I was in the Navy for 23 years and moved 13 times during that period. After all those moves, we decided that if we are going to live in the residential area, we won't buy there unless it has an HOA.

We lived (rented fortunately), in one neighborhood where the developer set up initial building standards (all the lots were 1 acre, houses had to be 2,500 feet or larger, exterior colors had to be approved, etc). But by the time we moved there, the developer was gone and the homeowners eventually eliminated the HOA. That is why around the block we had the 20' pole in one guy's front yard with a mail box affixed to the top labeled "Air Mail". We also had one guy (who worked for the Highway Dept) paint his exterior wood trim and facia boards one weekend. I didn't notice until I came home late one night with my high beams on, that the paint he used was reflective paint. So unless I can buy 100+ acres and build my house in the middle, I'll be living in a community with an HOA.

As others have said, the HOA needs participation by the residents.


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