HOA should have to relocate condo satellite dish

Updated May 22, 2017 - 10:42 am

Q: I requested permission to install a satellite dish on my condo in Henderson in 2014. I was granted permission, which clearly stated I could mount this on my roof. Now, the homeowners association has informed me I am violating regulations and must move it to my balcony.

I informed the HOA that I had permission at the time and sent them a copy of my approval. I stated that ex-post-facto laws are forbidden for the federal government. It is in the Constitution. Maybe they should follow suit. I quoted an article about the Federal Communications Commission having control over the installment of dishes. And lastly, I quoted a piece on “implied consent,” pointing out my dish had been there more than 850 days. What recourse do I have? Must I move it? Can they fine me or place a lien on my property if I do not comply?

A: There are two issues. First, according to FCC regulations, an association has the right to deny a homeowner from installing a satellite dish on top of the condominium roof as that is considered a common area. Technically, an association would have the right to make a homeowner remove the dish at his or her own expense.

Second, you submitted to the association an approval letter from the board that apparently you received back in 2014 when the satellite dish was installed. If you recall, I had an article in my column just a few months ago written by attorney John Leach about architectural approvals by previous association boards where current boards wanted to rescind the approval. As indicated in John’s article, associations would have a difficult time rescinding a previous approval, especially since the approval was about three years ago.

It would appear that your association would have to remove the dish at its own expense — and possibly incur the expense of the relocation of the dish where there is adequate reception.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

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