[mythtv-users] Damn you Time Warner

[Billy Macdonald]

On Tue, Apr 8, 2008 at 9:01 PM, Craig G. <craig at goranson.org> wrote:
> ----- Original Message -----
>  From: steve
>  To: Discussion about mythtv
>
> Sent: Tuesday, April 08, 2008 5:16 PM
>  Subject: Re: [mythtv-users] Damn you Time Warner
>
>
>
> >>| At least in the U.S. your homeowners association/convenants in most
>  >>cases
>  >>| can't be used to block you from installing a TV antenna or a sat dish.
>  >>I
>
>  >Not sure where that info is coming from, but if you choose to live in a
>  >community (gated or not) if there is a homeowners association you pay
>  >dues for more often than not it is stipulated in the agreement that when
>  >you move in, your house stays AS IS.  No satellite dishes, no antennas,
>  >no laundry drying apparatus, etc... nothing can be attached to the
>  >outside of the house that the builder did not install.  There are
>  >several uppity communities in our area (upstate NY) where you cannot
>  >have a satellite dish in view of the road, your house has to be painted
>  >a town pre approved color, if your grass grows more than an inch you get
>  >a visit from the code officer.  (I got a fine last year for blowing
>  >grass in the street from my mower lol)
>
>  >Steve Reilly
>
>
>     The Telecommunications Act of 1996 (as passed by Congress)  gave the FCC
>  the powers to preempt the application of regulations that prohibit a
>  viewer's ability to receive video programming services over the air.
>  Section 2.07 of the ACT  states that the FCC is able to "promulgate
>  regulations to prohibit restrictions that impair a viewer's ability to
>  receive video programming services through devices designed for over-the-air
>  reception of ... direct broadcast satellite services ....".
>
>     The Over-the-Air reception devices Rule (OTARD) is the FCC enforcement
>  of these powers, granting homeowners (and to a certain extent apartment
>  renters and condominium owners) certain rights to install and maintain a
>  dish, vhf, or wifi antenna.  Regardless of whether you have signed a
>  homeowners association agreement, or have covenants in place, the federal
>  regulations under OTARD make them virtually invalid on the issue of an
>  external antenna.    Further more OTARD puts the burden of proof on the
>  homeowners association if it goes to court, and doesn't allow the homeowners
>  association to collect any lawyers fee's if for some reason you happen to
>  lose the case.    OTARD makes contesting a TV antenna a no win for home
>  owners associations as it can cost them a large amount in lawyer fees and
>  regardless of ruling they can't collect those fees from you. (if you comply
>  with the case findings)   In Daly vs. River Oaks Place Council of Co-Owners
>  the home owners association lost over $27,000 in lawyers fees.
>
>     If you are part of a home owners association with any kind of good legal
>  representation, ask about the application of OTARD at your next association
>  meeting.   The better ones know about it, but won't discuss it because its
>  one of those things they don't necessarily want you to know about.   Putting
>  up an antenna won't make you popular, but in most cases under OTARD it is
>  legal regardless of what you signed when you purchased your house.  Just
>  Google on "HOA and OTARD" and you will find quite a bit of information on
>  it.
>
>     Unfortunately the FCC doesn't have authority over house colors or grass
>  clippings, so they can't help you with that.
>
>
>  Craig
>
>
>

I do believe that an HOA can have regulations on where the dish is
placed, as long is it doesn't effect reception.  For a TV antenna the
best place is typically on the top of the house so they can't do much,
but a dish can be mounted in the backyard out of view from the street
without hindering reception.  But like you mentioned, it's typically
not worth the battle.  Personally I put my OTA antenna off the eve of
my garage on the front side of the house within a month of moving in
to our HOA.  It was forbidden in the rules and I did hope to get a
letter, but they never questioned it.  I believe they all put it in
the rules still hoping people will obey without being informed.

Billy