Reader Questions - Why Can’t I Have MY Dish?

Hello Kelly,

Months ago, I requested permission to have a small satellite dish placed on the side of my home. I never received any reply. I ordered the service and the dish was placed onto our home. The installer stated that it had to be placed high up, because a tree was blocking the signal, if it was placed lower.

The HOA said that it must be removed, or they will fine us per day. The HOA refuses to trim the tree so that we could have the signal received from a tripod (ground mounted) dish. They said that we should find a very tall tripod.

We have observed many other satellite dishes in our area. I feel that I am being discriminated against on the basis of my ethnicity. Others that have dishes are a different ethnicity than me. Please advise.

Thank you,

J.H., Encinitas

Dear J. H.,

It is unfortunate the HOA did not respond to your request. Homeowners often proceed without HOA permission to install or change something on common area, and that often becomes an issue for both the HOA and homeowner.

Satellite dishes are covered by state and federal law which is outdated. The Federal Communications Over The Air Receiving Devices (“OTARD”) rule and an almost identical Civil Code 4725 protect the right of HOA residents to install dishes up to a certain size (one meter per the OTARD rule, 36 inches per Civil 4725) in the owner’s property, so long as it is not visible from common area or HOA streets. Today, such dishes typically are about 18-20 inches in diameter.

However, if your association is a condominium, that wall or roof where you would ideally install the dish is most likely common area (check the condominium plan to be sure). While there is one FCC decision to the contrary, the consensus presently is that common area installation would need association permission.

The board has a fundamental responsibility to protect and preserve the common area, and because the HOA is probably responsible for wall or roof leaks, it is reasonable that the board might be reluctant to allow installations which could cause damage.

There might be a middle ground option, which would require you and the HOA to agree. If the HOA accepts an arrangement whereby you take responsibility for the dish and agree to repair any damage to the roof or wall and also relieve the HOA from responsibility for any leaks caused by the installation, then you and the HOA can sign what I call a “common area alteration agreement”. Such an agreement should be drafted by the HOA’s attorney, and should be filed with the County Recorder as a “covenant running with the land” on your unit. Recording the agreement notifies future owners of the ongoing obligation, even if years from now you forget it.

In your follow up email, you wrote that the HOA said it is also sending similar demands to other members. That is comforting – I, like you, would hate to think your HOA is playing favorites, whether on the basis of race or any other factor.

Ask the HOA board if they will consider a common area alteration agreement. That may help many of you.

Thanks for your question,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.