[opendtv] Re: Bob, where are the tunerless monitors?

The HOA would lose.  Period.  The "limited federal preemption" of HOA and
state regulations is more extensive every year.  No state or local
government or HOA has EVER won.  In cases where they think they've found a
loophole, the FCC just extends the preemption.

EVERY TIME.  No state or local government or HOA has EVER been successful
through the FCC in removing a SINGLE exterior antenna, unless the antenna
was 1) bigger than about 10 feet, 2) mounted on the roof, and 3) visible
from the street.  Even those are VERY, VERY rare.

The arguments you offer were invalid more than 10 years ago.

Last time I checked, you can have any regular antenna that is less than 8
feet in diameter(sat, terr, etc).  If the HOA opposes, they end up paying
your attorney costs, filing fees, and theirs.

I've never heard of a neighbor winning damages against someone with an
antennae.

Of course that big reflector atop the house is hideous, but it still appears
to fall well within the rules and FCC decisions as of 1999.  (The last time
I was involved in these issues, but I followed it closely for the 15 years
before that.)

Condo HOAs found a work-around.  They install a master antenna for one (or
both) DBS systems at the time of construction, and everyone hooks up to the
pre-wired connections.  Pre-emption doesn't mean that they can prevent you
from installing antennae in common areas: that's private property.

John Willkie



-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Eory Frank-p22212
Enviado el: Wednesday, July 18, 2007 9:36 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: Bob, where are the tunerless monitors?

flyback1 wrote:

>I wonder what /they/'d think if they drove by my house?

With the setup you've got there, a lot of people might think your house
was some kind of secret government facility :)

Seriously though, in many neighborhoods, the HOA would have you in court
within days of installing all that junk. They would try to convince you
that everything needs to be in the backyard or installed in such a way
that it's not visible from the street or from the front view of the
house.

Your could argue your FCC-given rights to receive OTA TV signals, but
the HOA would then insist on evidence that you were unable to
successfully receive TV with antenna placements that comply with their
rules. Your case would be a lot stronger if you had evidence that you
had tried not one, not two, but multiple different antenna types and
installation locations and the only successful configuration was the one
you now have.

Even if you prevailed, some of your neighbors would be really ticked off
that your techno-geek antenna farm is negatively impacting their
property values.

On the other hand, if you don't have an HOA then you can probably do
just about anything you want -- like take that old car you've been
wanting to fix and put it up on cinder blocks in plain sight. That might
be good for a few laughs, especially if you wait until one of your least
favorite neighbors puts his house on the market!

-- Frank 

 
 
 
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