Deck Expert Mentioned In/Contributes to Discussion on Satellite Dish Issues at Davis-Stirling.com

A couple weeks ago, Davis-Stirling.com’s weekly newsletter (subscribe by clicking here) had a question from a reader about satellite dishes being installed on common area elements of an HOA;

SATELLITE DISHES ON
COMMON AREA ROOFS

SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } QUESTION: Civil Code 1376(b)(2) says in part: “…that has a diameter or diagonal measurements of 36 inches or less on a separate interest owned by another.” Questions and confusion keep arising on the interpretation of the phrase in bold lettering. We have some condominiums whose balconies cannot receive a satellite signal. The owners of these units want to place dishes on the common area roof. They claim the wording of 1376 allows them to do this as the roof is “a separate interest owned by another.” Are they correct?
SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } ANSWER: No, they are not correct. The term “separate interest owned by another” refers to the portion of the project owned exclusively by another member of the association which, in the case of condominium projects, is air space.Civil Code 1351(l)(2)&(f). The portions of the project owned by the association are referred to as “common area.”Civil Code 1351(b). Therefore, Civil Code §1376(b)(2) would not give residents the right to install a satellite dish on a common area roof.

SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } Federal Preemption. Moreover, parts of Civil Code §1376 have been preempted by the Telecommunications Act of 1996 (47 USC § §151-615b) and Over-the-Air Reception Devices Rule (OTARD rule) (47 CFR §1.4000), which provides that while owners have a right install satellite dishes on their separate interest or exclusive use common areas (i.e. balconies, patios), they do not have a right to install them on common area roofs.
SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } SPAN.msoIns { COLOR: teal; TEXT-DECORATION: underline; mso-style-name: “”; } Roof Damage. Finally, due to possible damage to roofs and potential liability from injuries, most associations do not allow the installation of antennas on common area roofs. A small percentage of our clients allow installation in designated roof areas that have been prepped for antennas so as to avoid damage. Even so, some impose strict restrictions on when and how installations occur, and some require signed releases from owners. NOTE: Such restrictions do not apply to single family homes and do not necessarily apply to townhomes.
Reprinted from
Davis-Stirling.com by Adams Kessler PLC

I sent them a few photo’s of botched sat dish installation jobs and made a few comments on the subject, which have been printed in the last newsletter from 2/7/2010. You can read my comments by clicking the link below. Davis-Stirling.com
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 Condo managers, self managed HOA’s, and anyone interested in California condo law would do well to buy the 2010 Bluebook for California condo law. Buy it today from Amazon.com by clicking on the link below.
 2010 Condominium Bluebook for California

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