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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19773
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I am having a problem with my HOA regarding installation of

Customer Question

Good Morning. I am having a problem with my HOA regarding installation of a satellite dish that was installed 25years ago. It is not on the roof nor are the cable wires. It can only be seen from the South and only if you are walking on the sidewalk. Every month for 25years [300 inspections) no one has said nothing. You can only see beige cable wire which is exposed for approximately 4feet. I have followed rules,etc. that were started in 2010 and upgrated in 2013. I have also asked for rules prior to 2010 and have not received any response. Any suggestions? Thank You Martin
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: The HOA is in Southern California, Simi Valley to be exact.
JA: Has any paperwork been filed?
Customer: Not yet and I prefer that none is.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time. I have given an overview of the situation. only and the truth.
Submitted: 25 days ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 25 days ago.

Hello,

Thank you for the information. I assume that you have received some sort of violation notice and you are asking if you have legal recourse. In October 1996 the Federal Government passed a law, which the FTC enforces, that limits the ability of an HOA to restrict devices, like satellite dishes, from being installed by homeowners. However, there are technical restrictions in the law as to size and ownership of the area the device is installed on. The law does allow certain rules, but does not allow unreasonable rules.

The regulations are somewhat lengthy though and I cannot copy this here. However, you can read them in detail at the following link: https://www.fcc.gov/media/over-air-reception-devices-rule

Assuming that you are in compliance with the law, may be in acting in violation of the law by restricting you. In that case, you could provide them with the citation to the law and, if they did not cease and desist, you could have a local attorney contact them and let them know you will exercise your right to obtain an injunction if they persist. However, if they are acting within the law, there is nothing, from a legal perspective you can do to avoid their rules, even if they are just now enforcing them. In other words, there would be no grandfather clause.

Please feel free to ask for clarification after you have read the law and information at the FTC site. If you have no questions, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 23 days ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the10th . For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate and honest information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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