TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
 ·Sprint Mobile Broa..
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| reply to satellite68
Re: If they can't uphold their end...
said by satellite68  :through good, reliable service, then the contracts should be null and void. There are only two ways around these types of restrictions. A state law prohibiting exclusive contracts like this in the law regarding home owners associations or PUDs(Planned Unit Developments). Or a Congressional law like the one that made most deed restrictions invalid where sat dishes were concerned. Getting a state law changed would be more likely to be passed. But in either case, it is unlikely action is a priority for the legislatures. Especially because these people signed the deed knowing of the rule.
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Poster99
@rr.com
 from:
Shamayim
thumbs down from:
Shamayim
| I would disagree with the false phrase "you knew it when you moved there". Too many things are being tied to the purchase of property. Perpetual, economically unregulated monopolies tied to these homes suggests antitrust problems to say the very least.
Remember, these are not municipalities and constitutional protections are not afforded the members. These are private corporations - nonprofit certainly to the members whose membership is mandatory. Highly profitable to the vendors of the corporation.
The satellite dish situation you mentioned was really an antitrust case. These developers were getting kickbacks in perpetuity from the cable companies. To protect the developer's kickback, restrictions under the pretext of "aesthetics" were imposed to prohibit satellite dishes. It wasn't about "aesthetics" at all. It was about eliminating any possible competition.
Many individuals purchasing homes may never receive a copy of the CCRs nor would the terms of these deals be contained within them. In fact, there is a battle going on in many states to require these homeowner associations to divulge financial records and contracts to the members that are obligated to pay for these things. If these HOAs were for the benefit of the homeowners, why would they refuse to turn over documents pertaining to the detail of these "deals"? The idea that the HOAs are for the homeowners is a complete myth.
To follow the last poster's logic, one would never have Deceptive Trade Practices Act laws, antitrust laws, etc. FYI contracts are not inherently enforceable. Provisions that are against public policy or unlawful may be voided. The entire contract may be voided on such grounds.
The notion that you are safe because you chose to live elsewhere is naive at best. Do you not realize the effect on competition that occurs when these people are forced against their will to use the resources dictated by the association? Do you realize how many of these associations there are? When competitors cannot compete based on price or quality of service because the customer base HAS NO CHOICE then there will not be any competition.
You think you are safe. Unless you start taking notice and objecting to these things you will find that you too will be compelled to utilize the companies that these associations force upon their residents. There will not be any alternatives for you since you cannot support an entire market by yourself. You will have to rely on the available vendors which will be dictated by the market forces of the associations whose members are often compelled to the association's selections under threats of fine and foreclosure. You should be very concerned that these groups are now doing the same thing with electricity as is happening with telecommunications. Don't be smug about thinking you are safe. |
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Homer J
Mmmm, Free Goo
join:2000-10-05
Springfield
| Well I am on the Board of my HOA, and we are all volunteers, who do our best to do what is best for the community. We don't have and exclusive deals with cable/phone companies. Our main purpose it to see that the common grounds are taken care of, and work requested by resident is performed.
We have been having recent battles with people about their satellite dishes. The association is responsible for the repair and up keep of the roofs and outside of the buildings. It is for this reason alone that we banned any new dishes attached to the outside or roof of any units. There are other alternatives, which some owners do not like, but if we are going to be responsible we should be able to say what is done to the roof or outside of a building.
Just my .02
D'oh
Homer J |
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AnonymousPerson
@verizon.net | reply to TKJunkMail
A congressional law would be unconstitutional. A state law or a state court ruling would be the only ways to go. |
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Skippy25
join:2000-09-13
Hazelwood, MO
| reply to Homer J
Sorry but you as a HOA have no authority to ban any dish that meets the conditions of the FCC and your "conditions" can't be to restrictive.
If you are refering to a condo complex then you have a little more control. But if you are speaking of homes, then they can mount anything they want anywhere they want on their property and there isn't anything your HOA can do about it except whine and petition the FCC to have it removed. |
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satellite68
join:2007-04-11
Louisville, KY
| said by Skippy25 :Sorry but you as a HOA have no authority to ban any dish that meets the conditions of the FCC and your "conditions" can't be to restrictive. If you are refering to a condo complex then you have a little more control. But if you are speaking of homes, then they can mount anything they want anywhere they want on their property and there isn't anything your HOA can do about it except whine and petition the FCC to have it removed. Hilarious! You've never seen some of these communities deed restrictions, eh? Or how about the local code enforcement? You'd be quite surprised at what they can and can't do. |
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N10Cities
SILENCE I Keel You
Premium
join:2002-05-07
Roland, OK
clubs:
·Cox HSI
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| said by satellite68 :said by Skippy25 :Sorry but you as a HOA have no authority to ban any dish that meets the conditions of the FCC and your "conditions" can't be to restrictive. If you are refering to a condo complex then you have a little more control. But if you are speaking of homes, then they can mount anything they want anywhere they want on their property and there isn't anything your HOA can do about it except whine and petition the FCC to have it removed. Hilarious! You've never seen some of these communities deed restrictions, eh? Or how about the local code enforcement? You'd be quite surprised at what they can and can't do. FCC regulations on this matter trump local and state regulations, do they not? |
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adelphiasuck
join:2002-05-18
Sterling, VA
| reply to AnonymousPerson
"A congressional law would be unconstitutional. A state law or a state court ruling would be the only ways to go." Um, no. The Congress already passed the Communications Act of 1996 which forbade HOAs from preventing outside broadcast TV antenna, TVRO dishes under one meter in diameter, and "receive" or actually client wireless Internet antennas. |
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patcat88
join:2002-04-05
Jamaica, NY
| reply to N10Cities
said by N10Cities :FCC regulations on this matter trump local and state regulations, do they not? Only if the FCC opens your letter, and then forms a committee to evaluate the feasibility of forming a council to determine the tortness of your claim so that the delegation can assigning a prosecutor to your letter.  |
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Skippy25
join:2000-09-13
Hazelwood, MO
| You are wrong as the FCC rules trump all local and state regulations. If I put up something that you disagree with it is YOU that has to petition the FCC and receive approval to have me remove the dish. Until that time I don't have to do anything until you show me I am in violation and the FCC agrees with you.
Go to the website and read the law. |
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patcat88
join:2002-04-05
Jamaica, NY
| said by Skippy25 :You are wrong as the FCC rules trump all local and state regulations. If I put up something that you disagree with it is YOU that has to petition the FCC and receive approval to have me remove the dish. Until that time I don't have to do anything until you show me I am in violation and the FCC agrees with you. Go to the website and read the law. The HOA can fine you then, and if that doesnt work, goto a municipal judge and get a court order for the tenant for not following CCRs. Many state/local laws conflict with federal laws, and the state/local judges WILL rule against you and convict you, its upto you then to file a complaint to get a Fed DA to sue the state in federal court, which doesnt always work, since the Feds usually wont care about enforcing the laws they pass against states. |
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systems2000
What? You Say It's Fixed. Hah
join:2001-11-29
Cyberspace
| How are they going to make you pay the fine? Have you tried to prove the HOA wrong?
As Skippy25 has said, the FCC is the "Final Authority" when it comes to the dish issue. Get a copy of the information off the FCC websiate and present it to the "Homeowners authority" and let them know that your lawyer has a copy. See how fast they let you install a dish.
This is just one more reason I don't believe in HOA's (or CCR's0 and will never live in a HOA (CCR) community.
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Skippy25
join:2000-09-13
Hazelwood, MO
| reply to patcat88
Federal Laws always trump state/local laws, it is the reason they are federal laws. State laws can strenghten federal laws, but they can't weaken them. Just as local laws can strengthen state laws, but they can't weaken them.
A judge is not going to rule against anyone when the judge will see and know the FEDERAL rules and will know that the HOA is in violation, not the individual. So before you make up any more stories go read the rules. Especially if you are in a HOA or are one of the arrongant SOB's that serves on one. |
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patcat88
join:2002-04-05
Jamaica, NY
| said by Skippy25 :Federal Laws always trump state/local laws, it is the reason they are federal laws. State laws can strenghten federal laws, but they can't weaken them. Just as local laws can strengthen state laws, but they can't weaken them. South Dakota abortion anyone? |
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spg
Grrrr
join:2001-10-31
NOT Texas!
| reply to Skippy25
Wrong. An HOA can not prevent you from having your own dish, but they can ban it from the common area or insist or aesthetic requirements as long as they do not interfere with reception. We fight this battle all the time. (And win.) An HOA is a closed society with it's own rules. If you do not wish to abide by those rules, don't move into a development that is governed by one. |
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