Navigation Menu+

Satellite Dish Installation

Satellite Dish Installation

RESOLUTION REGARDING SATELLITE DISH INSTALLATION

I. PREAMBLE

THESE RULES ARE ADOPTED BY THE BOARD OF DIRECTORS OF PLAYMOR BERNARDO CONDOMINIUM ASSOCIATION, ON THE 8TH DAY OF DECEMBER, 1997, EFFECTIVE DECEMBER 8, 1997.

RECITALS

WHEREAS, THE PLAYMOR BERNARDO CONDOMINIUM ASSOCIATION IS RESPONSIBLE FOR GOVERNANCE AND MAINTENANCE OF PLAYMOR BERNARDO CONDOMINIUM COMMUNITY; AND

WHEREAS, THE ASSOCIATION EXISTS PURSUANT TO APPLICABLE STATE LAW AND THE GOVERNING DOCUMENTS; AND

WHEREAS, THE ASSOCIATION IS AUTHORIZED TO ADOPT AND ENFORCE REASONABLE RULES AND REGULATIONS IN THE INTERESTS OF THE COMMUNITY, PURSUANT TO SECTIONS OF STATE LAW AND THE GOVERNING DOCUMENTS PERMITTING THE ASSOCIATION TO ADOPT AND ENFORCE RULES; AND

WHEREAS, THE FEDERAL COMMUNICATIONS COMMISSION (THE FCC) ADOPTED A RULE EFFECTIVE OCTOBER 14, 1996, PREEMPTING CERTAIN ASSOCIATION RESTRICTIONS ON THE INSTALLATION, MAINTENANCE, AND USE OF DIRECT BROADCAST SATELLITE, TELEVISION BROADCAST, AND MULTIPOINT DISTRIBUTION SERVICE ANTENNAS (“ANTENNAS”); AND

WHEREAS, THE ASSOCIATION DESIRES AND INTENDS TO ADOPT REASONABLE RESTRICTIONS GOVERNING INSTALLATION, MAINTENANCE, AND USE OF ANTENNAS IN THE BEST INTEREST OF THE COMMUNITY AND CONSISTENT WITH FCC RULE.

NOW THEREFORE, THE ASSOCIATION ADOPTS THE FOLLOWING RESTRICTIONS AND REGULATIONS FOR THE COMMUNITY, HEREINAFTER REFERRED TO AS THE “RULES,” WHICH SHALL BE BINDING UPON ALL OWNERS AND THEIR GRANTEES, LESSEES, TENANTS, OCCUPANTS, SUCCESSORS, HEIRS, AND ASSIGNS WHO CURRENTLY OR IN THE FUTURE MAY POSSESS AN INTEREST IN THE COMMUNITY, AND WHICH SHALL SUPERSEDE ANY PREVIOUSLY ADOPTED RULES ON THE SAME SUBJECT MATTER

II. DEFINITIONS

ANTENNA:
ANY DEVICE USED FOR THE RECEIPT OF VIDEO PROGRAMMING SERVICES, INCLUDING DIRECT BROADCAST SATELLITE (DBS), TELEVISION BROADCAST, AND MULTIPOINT DISTRIBUTION SERVICE (MDS). A RECEPTION ANTENNA THAT HAS LIMITED TRANSMISSION CAPABILITY DESIGNED FOR THE VIEWER TO SELECT OR USE VIDEO PROGRAMMING IS A RECEPTION ANTENNA, PROVIDED IT MEETS FCC STANDARDS FOR RADIO FREQUENCY EMISSION. A MAST, CABLING, SUPPORTS, GUY WIRES, CONDUITS, WIRING, FASTENERS, OR OTHER ACCESSORIES NECESSARY FOR THE PROPER INSTALLATION, MAINTENANCE, AND USE OF A RECEPTION ANTENNA SHALL BE CONSIDERED PART OF THE ANTENNA.
MAST:
STRUCTURE TO WHICH AN ANTENNA IS ATTACHED THAT RAISES THE ANTENNA HEIGHT.
TRANSMISSION ONLY:
ANY ANTENNA USED SOLELY TO TRANSMIT RADIO, TELEVISION, CELLULAR, OR OTHER SIGNALS.
OWNER:
ANY ASSOCIATION UNITY OWNER. FOR THE PURPOSE OF THIS RULE ONLY, “OWNER” INCLUDES A TENANT WHO HAS THE WRITTEN PERMISSION OF THE UNIT OWNER TO INSTALL ANTENNAS.
TELECOMMUNICATIONS SIGNALS:
SIGNALS RECEIVED BY DBS, TELEVISION BROADCAST, AND MDS ANTENNAS.
EXCLUSIVE-USE AREA:
LIMITED COMMON AREA IN WHICH THE OWNER HAS A DIRECT OR INDIRECT OWNERSHIP INTEREST AND THAT IS DESIGNATED FOR THE EXCLUSIVE USE OF THE OWNER AS DEFINED IN THE APPROPRIATE ASSOCIATION DOCUMENT.

III. INSTALLATION RULES

A. ANTENNA SIZE AND TYPE

  1. DBS ANTENNAS THAT ARE ONE METER OR LESS IN DIAMETER MAY BE INSTALLED. ANTENNAS DESIGNED TO RECEIVE SATELLITE SIGNALS WHICH ARE LARGER THAN ONE METER ARE PROHIBITED.
  2. MDS ANTENNAS ONE METER OR LESS IN DIAMETER MAY BE INSTALLED. MDS ANTENNAS LARGER THAN ONE METER ARE PROHIBITED.
  3. INSTALLATION OF TRANSMISSION-ONLY ANTENNAS ARE PROHIBITED.
  4. INSTALLATION OF TRANSMISSION-ONLY ANTENNAS ARE PROHIBITED.
  5. NO MORE THAN ONE ANTENNA MAY BE INSTALLED BY AN OWNER.

B. LOCATION

  1. ANTENNAS MUST BE INSTALLED SOLELY IN THE OWNERS’ UNIT OR EXCLUSIVE-USE AREA, AS DESIGNATED ON THE ASSOCIATION DOCUMENTS. INSTALLATION OF ANTENNAS ON AN EXCLUSIVE USE AREA DOES NOT CONVERT THE EXCLUSIVE USE AREA TO INDIVIDUAL PROPERTY.
  2. IF ACCEPTABLE QUALITY SIGNALS CAN BE RECEIVED BY PLACING ANTENNAS INSIDE A UNIT WITHOUT UNREASONABLE DELAY OR UNREASONABLE COST INCREASE, THEN OUTDOOR INSTALLATION IS PROHIBITED.
  3. ANTENNAS MUST NOT ENCROACH UPON ANY COMMON AREA OR ANY OTHER OWNER’S EXCLUSIVE USE AREA.
  4. ANTENNAS SHALL BE LOCATED IN A PLACE SHIELDED FROM VIEW FROM OUTSIDE THE COMMUNITY OR FROM OTHER UNITS TO THE MAXIMUM EXTENT POSSIBLE; PROVIDED, HOWEVER, THAT NOTHING IN THIS RULE WOULD REQUIRE INSTALLATION IN AN EXCLUSIVE USE AREA WHERE AN ACCEPTABLE QUALITY SIGNAL CANNOT BE RECEIVED. THIS SECTION DOES NOT PERMIT INSTALLATION ON COMMON PROPERTY, EVEN IF AN ACCEPTABLE QUALITY SIGNAL CANNOT BE RECEIVED FROM AN EXCLUSIVE-USE AREA.

C. INSTALLATION ON EXCLUSIVE USE AREAS

  1. ANTENNAS SHALL BE NO LARGER NOR INSTALLED HIGHER THAN IS ABSOLUTELY NECESSARY FOR RECEPTION OF AN ACCEPTABLE QUALITY SIGNAL.
  2. ALL INSTALLATIONS SHALL BE COMPLETED SO THEY DO NOT MATERIALLY DAMAGE THE COMMON AREA, LIMITED EXCLUSIVE USE, OR INDIVIDUAL UNITS, OR VOID ANY WARRANTIES OF THE CONDOMINIUM ASSOCIATION OR OTHER OWNERS, OR IN ANY WAY IMPAIR THE INTEGRITY OF THE BUILDING.
  3. ANY INSTALLER OTHER THAN OWNER SHALL PROVIDE THE ASSOCIATION WITH AN INSURANCE CERTIFICATE LISTING THE ASSOCIATION AS A NAMED INSURED PRIOR TO INSTALLATION. INSURANCE SHALL MEET THE FOLLOWING MINIMUM LIMITS:
  4. CONTRACTOR’S GENERAL LIABILITY (INCLUDING COMPLETED OPERATIONS): $1,000,000.
    1. WORKER’S COMPENSATION: STATUTORY LIMITS
    2. THE PURPOSE OF THIS REGULATION IS TO ENSURE THAT ANTENNAS ARE INSTALLED IN A MANNER THAT COMPLIES WITH BUILDING AND SAFETY CODES AND MANUFACTURER’S INSTRUCTIONS. IMPROPER INSTALLATION COULD CAUSE DAMAGE TO STRUCTURES, POSING A POTENTIAL SAFETY HAZARD TO ASSOCIATION RESIDENTS AND PERSONNEL.
  5. ANTENNAS MUST BE SECURED SO THEY DO NOT JEOPARDIZE THE SOUNDNESS OR SAFETY OF ANY STRUCTURE OR THE SAFETY OF ANY PERSON AT OR NEAR THE ANTENNAS, INCLUDING DAMAGE FROM WIND VELOCITY.
  6. THERE SHALL BE NO PENETRATIONS OF EXTERIOR, EXCLUSIVE-USE AREAS OF THE BUILDING UNLESS IT IS NECESSARY TO RECEIVE AN ACCEPTABLE QUALITY SIGNAL OR IT WOULD UNREASONABLY INCREASE THE COST OF ANTENNA INSTALLATION. THE FOLLOWING DEVICES SHALL BE USED UNLESS THEY WOULD PREVENT AN ACCEPTABLE QUALITY SIGNAL OR INCREASE THE COST OF ANTENNA INSTALLATION: MAINTENANCE OR USE:
    1. DEVICES THAT PERMIT THE TRANSMISSION OF TELECOMMUNICATIONS SIGNALS THROUGH A GLASS PANE;
    2. DEVICES, SUCH AS RIBBON CABLE, WHICH PERMIT THE TRANSMISSION OF TELECOMMUNICATIONS SIGNALS INTO A RESIDENCE THROUGH A WINDOW OR DOOR WITHOUT PENETRATING THE WALL;
    3. EXISTING WIRING FOR TRANSMITTING TELECOMMUNICATIONS SIGNALS AND CABLE SERVICES SIGNALS.
  7. IF PENETRATION OF THE EXTERIOR EXCLUSIVE – USE AREA IS NECESSARY, THE PENETRATION SHALL BE PROPERLY WATERPROOFED AND SEALED IN ACCORDANCE WITH APPLICABLE INDUSTRY STANDARDS AND BUILDING CODES. THE PURPOSE OF THIS RULE IS TO PREVENT STRUCTURAL DAMAGE TO THE BUILDING AND RESIDENCES FROM MOISTURE.

E. SAFETY

  1. ANTENNAS SHALL BE INSTALLED AND SECURED IN A MANNER THAT COMPLIES WITH ALL APPLICABLE CITY AND STATE LAWS AND REGULATIONS, AND MANUFACTURER’S INSTRUCTIONS. OWNERS, PRIOR TO INSTALLATION, SHALL PROVIDE THE ASSOCIATION WITH A COPY OF ANY APPLICABLE GOVERNMENTAL PERMIT IF REQUIRED FOR SAFETY REASONS.
  2. UNLESS THE ABOVE-CITED LAWS AND REGULATIONS REQUIRE A GREATER SEPARATION, ANTENNAS SHALL NOT BE PLACED WITHIN 50 FEET OF POWER LINES (ABOVE GROUND OR BURIED). THE PURPOSE OF THIS REQUIREMENT IS TO PREVENT INJURY OR DAMAGE RESULTING FROM CONTACT WITH POWER LINES.
  3. ANTENNAS SHALL NOT OBSTRUCT ACCESS TO OR EXIT FROM ANY UNIT, WALKWAY, INGRESS OR EGRESS FROM AN AREA, ELECTRICAL SERVICE EQUIPMENT, OR ANY OTHER AREAS NECESSARY FOR THE SAFE OPERATION OF THE CONDOMINIUM. THE PURPOSE OF THIS REQUIREMENT IS TO ENSURE THE SAFETY OF ASSOCIATION RESIDENTS AND PERSONNEL AND SAFE AND EASY ACCESS TO THE ASSOCIATION’S PHYSICAL PLANT.
  4. INSTALLATIONS MUST COMPLY WITH ALL APPLICABLE CODES, TAKE AESTHETIC CONSIDERATIONS INTO ACCOUNT, AND MINIMIZE THE IMPACT TO THE EXTERIOR AND STRUCTURE OF THE OWNER’S UNIT.
  5. TO PREVENT ELECTRICAL AND FIRE DAMAGE, ANTENNAS SHALL BE PERMANENTLY GROUNDED.

IV. ANTENNA CAMOUFLAGING

  1. ANTENNAS SHALL BE PAINTED TO MATCH THE COLOR OF THE STRUCTURE TO WHICH THEY ARE INSTALLED.
  2. CAMOUFLAGING ANTENNAS THROUGH INEXPENSIVE SCREENING OR PLANTS IS REQUIRED IF ANTENNAS ARE VISIBLE FROM THE STREET OR OTHER UNITS.
  3. EXTERIOR ANTENNA WIRING SHALL BE INSTALLED IN THE EXCLUSIVE USE AREA SO AS TO BE MINIMALLY VISIBLE.

V. MAST INSTALLATION

  1. A. MAST HEIGHT MAY BE NO HIGHER THAN ABSOLUTELY NECESSARY TO RECEIVE ACCEPTABLE QUALITY SIGNALS. B. MASTS 12 FEET OR LESS MAY BE INSTALLED, SUBJECT TO THE REGULAR NOTIFICATION PROCESS (SEE BELOW). MASTS EXTENDING MORE THAN 12 FEET ABOVE THE ROOFLINE MUST BE PRE-APPROVED DUE TO SAFETY CONCERNS POSED BY WIND LOADS AND THE RISK OF FALLING ANTENNAS AND MASTS. APPLICATIONS FOR A MAST HIGHER THAN 12 FEET MUST INCLUDE A DETAILED DESCRIPTION OF THE STRUCTURE AND ANCHORAGE OF THE ANTENNA AND THE MAST, AS WELL AS AN EXPLANATION OF THE NEED FOR A MAST HIGHER THAN 12 FEET. IF THIS INSTALLATION WILL POSE A SAFETY HAZARD TO ASSOCIATION RESIDENTS AND PERSONNEL, THE ASSOCIATION MAY PROHIBIT SUCH INSTALLATION. THE NOTICE OF REJECTION SHALL SPECIFY THESE SAFETY RISKS. C. MASTS MUST BE INSTALLED BY LICENSED AND INSURED CONTRACTORS.

VI. ANTENNA REMOVAL

ANTENNA REMOVAL REQUIRES RESTORATION OF THE INSTALLATION LOCATION TO ITS ORIGINAL CONDITION. OWNERS SHALL BE RESPONSIBLE FOR ALL COSTS RELATING TO RESTORATION OF THIS LOCATION.

VII. ASSOCIATION MAINTENANCE OF LOCATIONS UPON WHICH ANTENNAS ARE INSTALLED.

  1. IF ANTENNAS ARE INSTALLED ON PROPERTY THAT IS MAINTAINED BY THE ASSOCIATION, THE OWNERS RETAIN RESPONSIBILITY FOR ANTENNA MAINTENANCE. ANTENNAS MUST NOT BE INSTALLED IN A MANNER THAT WILL RESULT IN INCREASED MAINTENANCE COSTS FOR THE ASSOCIATION OR FOR OTHER RESIDENTS. IF INCREASED MAINTENANCE OR DAMAGE OCCURS, THE OWNERS ARE RESPONSIBLE FOR ALL SUCH COSTS.
  2. IF MAINTENANCE REQUIRES THE TEMPORARY REMOVAL OF ANTENNAS, THE ASSOCIATION SHALL PROVIDE OWNERS WITH 10 DAYS WRITTEN NOTICE. OWNERS SHALL BE RESPONSIBLE FOR REMOVING OR RELOCATING ANTENNAS BEFORE MAINTENANCE BEGINS AND REPLACING ANTENNAS AFTERWARD. IF THEY ARE NOT REMOVED IN THE REQUIRED TIME, THEN THE ASSOCIATION MAY DO SO, AT THE OWNERS’ EXPENSE. THE ASSOCIATION IS NOT LIABLE FOR ANY DAMAGE TO ANTENNAS CAUSED BY ASSOCIATION REMOVAL.

VIII. NOTIFICATION PROCESS

  1. ANY OWNER DESIRING TO INSTALL AN ANTENNA MUST COMPLETE A NOTIFICATION FORM (ARCHITECTURAL CHANGE FORM) AND SUBMIT IT TO THE BOARD OF DIRECTORS AT THE ASSOCIATION OFFICE. IF THE INSTALLATION IS ROUTINE, CONFORMING TO ALL OF THE ABOVE RESTRICTIONS, THE INSTALLATION MAY BEGIN IMMEDIATELY.
  2. IF FOR ANY REASON, THE INSTALLATION IS OTHER THAN ROUTINE THE OWNER AND THE BOARD OF DIRECTORS MUST ESTABLISH A MUTUALLY CONVENIENT TIME TO MEET TO DISCUSS INSTALLATION METHODS.

IX. INSTALLATION BY TENANTS

THESE RULES SHALL APPLY IN ALL RESPECTS TO TENANTS. TENANTS DESIRING TO INSTALL ANTENNAS SHALL OBTAIN PRIOR WRITTEN PERMISSION OF THE UNIT OWNER. A COPY OF THIS PERMISSION MUST BE FURNISHED WITH THE NOTIFICATION STATEMENT.

X. ENFORCEMENT

  1. IF THESE RULES ARE VIOLATED, THE ASSOCIATION, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, MAY BRING ACTION FOR DECLARATORY RELIEF WITH THE FCC OR ANY COURT OF COMPETENT JURISDICTION. IF THE COURT OR FCC DETERMINES THAT THE ASSOCIATION RULE IS ENFORCEABLE, A FINE OF $100.00 SHALL BE IMPOSED BY THE ASSOCIATION FOR EACH VIOLATION. IF THE VIOLATION IS NOT CORRECTED WITHIN A REASONABLE LENGTH OF TIME, ADDITIONAL FINES OF $10.00 PER DAY WILL BE IMPOSED FOR EACH DAY THAT THE VIOLATION CONTINUES. TO THE EXTENT PERMITTED BY LAW, THE ASSOCIATION SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES, COSTS AND EXPENSES INCURRED IN THE ENFORCEMENT OF THIS POLICY.
  2. . IF ANTENNA INSTALLATION POSES A SERIOUS, IMMEDIATE SAFETY HAZARD, THE ASSOCIATION MAY SEEK INJUNCTIVE RELIEF TO PROHIBIT THE INSTALLATION OR SEEK REMOVAL OF THE INSTALLATION.

XI. SEVERABILITY

IF ANY PROVISION IS RULED INVALID, THE REMAINDER OF THESE RULES SHALL REMAIN IN FULL FORCE AND EFFECT.