# HOA nightmare with OTA antenna



## GrumpyBear (Feb 1, 2006)

You have to love(I do mean HATE) HOA's. I was just informed today, that my DB4, is really a illegal listening device, and have 24hr's to take it down.
The HOA board is threatening me with legal action if I don't take down my listening device, as the type of antenna I have is easily modified to recieve and listen in on everything from Baby monitors to home cordless phones.

Right now, I refuse to remove it. Sent them links to the DB4 website as well as the FCC rules. 
Why oh why, were HOA's ever made legal?!?!? Most are just agenda making machines on busy body people.


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## jkane (Oct 12, 2007)

Tell them to go for their legal action! You have the law on YOUR side! What tees me off is that they will spend YOUR dues money to sue you! Dumb idiots!

I am so glad I left the part of the world where HOA's are popular. Wisconsin has it's advantages.


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## GrumpyBear (Feb 1, 2006)

Actually I hope they do try to spend some of the hard earned HOA fee's. 
There are some upset people already, and spending more money like this, could lead to a recall of the board, perfect way to remove a couple of them.


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## jadebox (Dec 14, 2004)

I think you need to bring a roll of aluminum foil to the next HOA meeting so the members of the board can make themselves some hats.

-- Roger


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## scooper (Apr 22, 2002)

"WHEN AND IF I ever see an FCC Declaratory ruling that your rules are permissible, I'll comply. Good Luck getting it. Pound sand until then."


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## GrumpyBear (Feb 1, 2006)

scooper said:


> "WHEN AND IF I ever see an FCC Declaratory ruling that your rules are permissible, I'll comply. Good Luck getting it. Pound sand until then."


Scooper,
Thank you so much, for your signature. Only took me 5min's to find a post by you, and find the link I needed.


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## SayWhat? (Jun 7, 2009)

By their definition, couldn't a tin can be a listening device if it was modified?


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## Stewart Vernon (Jan 7, 2005)

SayWhat? said:


> By their definition, couldn't a tin can be a listening device if it was modified?


String is banned by most HOA, so that eliminates the tin-can listening device


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## tsmacro (Apr 28, 2005)

For years my sister lived in a HOA neighborhood and even though they really wanted to get satellite they were afraid to because of HOA rules. I informed her about the law being on her side, but she said they just didn't want to have to deal with the whole mess so they never got one. She described to me once how the head of their HOA was a woman that literally walked around the neighborhood in the evening with a ruler in her hand measuring people's lawns so she could inform them when to mow their lawns. In any case she eventually moved and they are now enjoying satellite tv.


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## GrumpyBear (Feb 1, 2006)

Well they are spitting mad today.
They did have me on a technical note. House in Carlsbad, is a Townhouse, so the roof is "NOT" an exclusive use area. I tried to explain, that it is mounted on a Mast that his mounted to a Board, we have flat roof's, there are no, holes drilled into the rooftop, nor are there any holes for the cable, and it was placed there so as not to be an eyesore.
They had somebody go up this morning and remove the Antenna and placed on my front door. 
I went to Lowes as soon as it was left, and I have now placed in the ground in my Exclusive use Front yard, in site of God and everybody. President of the HOA, was on the phone, yelling at me, as I was putting it up, and they got really mad, when the HOA Lawyer informed her that, there was nothing they could do about the mast, with the Antenna at the Top. Other board member asked me if I would consider putting it back up on the roof. I have declined, to put it back, on the roof, as it was removed once already, and need to make sure I keep the Antenna in my Exclusive use area. The mast and Antenna are not in my Viewsite as site at my fire and watch the sunset over the Ocean.


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## RasputinAXP (Jan 23, 2008)

:allthumbs:allthumbs:allthumbs:allthumbs:allthumbs:

BRILLIANT JOB!!


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## sigma1914 (Sep 5, 2006)

LOL....Good job Grumpy. I love it!


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## GrumpyBear (Feb 1, 2006)

My wife has decided, that we will wait a month, and then offer to put it back on the roof. HOA will have to Hire somebody to put it back up there, and pay us for the 2 bags of Concrete, and Pay for the pole as well. We will also require an offical letter from the HOA's Attorney, granting us a waiver to keep the antenna, on the roof.


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## scooper (Apr 22, 2002)

Brilliant ! - Just Brilliant !

When you you put it in your "exclusive use front yard" there's not a darn thing they legally can do about it.

And yes - I'd make them pay for the mast, and the concrete, and the labor of the person they have install it AND get that permanent waiver in 30 days or so. Make sure you have the waiver before they move it. And make sure it includes any DBS dishes as well.


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## SayWhat? (Jun 7, 2009)

Do I sense a campaign for HOA prez?


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## GrumpyBear (Feb 1, 2006)

SayWhat? said:


> Do I sense a campaign for HOA prez?


NO, No way no how.
Varitey of reasons, but right now, I am learning as a Non board member, and knowing my rights on several things, I can have more fun holding there feet to the fire on several issues.

I did discover the cause of the issue. There has been an number of new Dish and Direct TV installations, and one board member, was upset that nobody was asking permission, and hates the look of the DBS Dish's.

Most of the DBS Dish's are mounted just like mine(installed in 97), on the the backside of the fake wall above our doors, this is considered the Homeowners, so its Exclusive use, and blocks about 50% of the Dish from being seen by others. In a effort to stop even more Dish's, from being installed, the Board was trying to create a Architectural request for all DBS Dish's. My DB4 Antenna was discovered when they were on the roof's taking pictures of all the installed DBS Dish's.

Thanks to Scoopers profile signature, I had quick and easy access to the FCC website I needed, and forwarded that information to the Property Management company, who sent it to the Attorney drawing up the Architectural Request form, who said there was nothing the HOA Board could do, now that they have been properly informed, of the FCC Rules.

I have sent a email to the Attorney in question, asking about his ethic's in helping drafting a document to intimadate owners out of thier legal rights.

I am also informing the Property Management company I may take legal action against them as well for trying to help create a docuement they new up front would carry no legal weight, and for sending me a notice about a listening device is plain and simple harrassement, rather is was from the Board, or not. A Property Managements responsiblity is to protect Homeowners from, and be a buffer to, abusive HOA Boards, and to make sure the HOA Board doesn't break any laws.


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## coldsteel (Mar 29, 2007)

Oh, snap... Awesome, Grumpy.


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## ffemtreed (Jan 30, 2008)

i think you need a bigger antenna or two. you know you gotta point then in separate directions to get all the stations.


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## scooper (Apr 22, 2002)

Ah yes - the major reason to never live in a HOA - the busy-bodies who inevitably want to be on the HOA board for their "power-trip".


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## Stewart Vernon (Jan 7, 2005)

I might get in trouble for saying this... but this week my HOA put newsletters in everyone's mailboxes. Not mailed, just hand placed... which last I checked is not legal.

Meanwhile, they encourage calling 911 for lots of things (like if you see someone you don't know doing something suspicious) that I think the 911 folks would be kind of pissed to get calls about... in fact, the irony is the newsletter itself would kind of encourage one to phone 911 if you had been home to see them putting the newsletters in mailboxes!

Probably the best part, to me, was where they reminded people not to park on the streets... and made a point to even call out the police who live in my neighborhood who park their cars on the streets sometimes for "presence" in the neighborhood. So, I'm wondering if I should call 911 if I see a police car parked on the street :eek2:


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## jkane (Oct 12, 2007)

I would call 911 and tell them someone was tampering with my US Mail by opening my mail box and it was not an official postal worker!


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## jkane (Oct 12, 2007)

Unfortunately ... lawyers are paid to not have ethics! They can write any letter they want and it can say whatever they want to coerce someone. As long as they do not threaten to harm that person.


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## olguy (Jan 9, 2006)

Good job grumpy. I called the HOA management company about my first dish which was installed after the FCC ruling. Of course it was already installed. I asked the young lady about installing a satellite dish. She said there was no problem but to try and keep it from being too visible from the street. I said "but if I need it on the front of the house to get reception I can do that, right?" She kinda laughed and said "yes, you can. But in that case we would probably ask for a letter from your installer to put in your file so we wouldn't bother you about it in the future."


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## GrumpyBear (Feb 1, 2006)

Well looks like the issue is settled. Board had a meeting Monday night and I recieved this from the Property Manager.

Thanks so much. Let's leave it there as your explanation was thorough and acceptable. I appreciate your time on this. As a side note with the holidays coming, please do not put any decor on the roof.

They think I was fighting mad about my Antenna, what tell they see what happens now over my Xmas lights. This isn't the forum to post what I have already done, and will be doing. I do recommend anybody here in California, works for lots of other states. to go to this website. http://www.davis-stirling.com/ you will be VERY enlighted, on how to make your HOA really follow the Laws.


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## kenglish (Oct 2, 2004)

Remind the HOA that "baby monitors and cordless phones" often operate on 49 MHz. The DB4 would need to be about 40 feet wide to work on those frequencies. They'll KNOW when you are trying to eavesdrop!


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