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Can condo association board of directors selectively enforce rules?

Posted on Wed, Dec 07, 2011 @ 06:14 AM
  
  
  
  
  
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I have lived in a four building 48-unit condominium for the past 9 yrs. The board of directors and property management seem to enforce the rules to select owners; BOD did a walk around sent violation letters to 24 owners or 2 buildings. I was told I have to remove my satellite dish by a certain date or they would have it removed and charge me for it. I responded a couple times explaining the previous board allowed satellite dish as long as it was not installed on the roof of the building. The management & BOD could find this in the meeting notes about 4 years ago. Then I was told different unit owner showed a letter of approval so they were allowed to keep their dish. I have been searching the past 9 years of personal papers and found my letter but they have already removed the dish. My question is am I responsible to pay the invoice they sent to me. Also would like to know if the BOD & management can selectively enforce rules? Judi

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Comments

Under Federal communications law (FCC) your dish is legal and cannot be removed. Sorry, but I don't have the exact ruling handy, but I been through this before with Boards. Call your dish company and they will be able to supply the necessary documentation for you and will also help you fight. 
 
 
 
Under Texas rules, they cannot treat one member differently than others. I don't about your state. I used this rule with a member who was in my opinion paying off someone because he had not paid dues on his 22 rental units for over 18 months--I threatened to send out a notice of this fact and have everyone withhold dues until they foreclosed on his units or he paid up. They had to foreclose.
Posted @ Wednesday, December 07, 2011 7:00 AM by Nancy
Most states prohibit selective enforcement of rules in condo associations. Rules that are not enforced, over a long period of time, are usually considered unenforcealbe. 
 
That being said. condo associations are managed and the board is made up of humans. They tend to enforce the rules with some. Not so much with others. It's not right but it's human behavior. That's why many GOOD associations prevent board members from serving more than 2 years/terms without a break. They also review ALL their rules every year or 2. If changes are needed, they are updated.
Posted @ Wednesday, December 07, 2011 7:11 AM by lawrence weiss
Boards are responsible for enforcement of rules, and boards simply must take into account the facts and circumstances of each individual violation. There is no rule that boards must treat violators "the same" in cases where facts and circumstances are different. Our state law (47-244h) prohibits "arbitrary and capricious" enforcement by the association and specifically states that the board may choose to enforce under one set of circumstances and choose not to enforce under another set of circumstances.  
 
The board needs to justify its enforcement decisions with these factors in mind.
Posted @ Wednesday, December 07, 2011 8:47 AM by George Cameron, Farmington, CT
Here's the specific FCC regs regarding dish antenna - the language explicitly states that this overrides virtually all HOA rules and regs regarding these antenna. You might want to send them a link to this or print it out and take to the next board meeting. At least, in this instance, it might stop some HOA Board Abuse. Good luck!
Posted @ Wednesday, December 07, 2011 9:16 AM by Robert
Apologies...here is the link you need: 
 
 
 
http://www.fcc.gov/guides/over-air-reception-devices-rule
Posted @ Wednesday, December 07, 2011 9:17 AM by Robert
Your dish may be legally installed ONLY if it is located on a limited common area -- an area that is for your use only. The board cannot ask you to remove it,regardless of whether they approved it at an earlier date or not as long as you meet the requirements of the FCC ruling. (Check out the link provided by Robert.) If they do you can file a complaint with the FCC and the burden of proof will lie with the board.
Posted @ Wednesday, December 07, 2011 9:46 AM by mary
Our HOA does exactly as this article states. They seem to believe in the divide and conquer tactic. One owner makes changes to the exterior of the building as he pleases, without going to the architectural committee, another gets threatened for a law suit for leaving a t-shirt on a chair. 
 
Some owners get to pick their own parking spaces, others take advantage of unused storage sheds because they are HOA board members. 
 
The property manager is a big part of the problem. He seems to operate with impunity while Nero fiddles and the board looks the other way. 
 
We call our place Beacon Pointless and alas, the Odyssey (as in the management company) continues. 
 
Posted @ Wednesday, December 07, 2011 9:54 AM by Gary Gordon
When I bought my unit I wanted to have a Satellite dish, but the HOA balked. I learned that the law in California is that an HOA cannot dictate how a unit owner receives his television service. They can prohibit satellite dishes from being attached to the roof or building. I have my dish on a tripod on my private balcony. Some buildings, however, don't have private balconies so other arrangements would have to be made. Nevertheless the HOA can't dictate how owners get their signals, in California and in other states, as well. Check the law. Satellite companies should be able to advise you.  
 
Posted @ Wednesday, December 07, 2011 12:19 PM by Louise
The HOA does have the right to not allow it to be attached to the outside of their structure and roofs.
Posted @ Wednesday, December 07, 2011 2:19 PM by Tiny
I hate the fact that our cable service provider has a monopolistic choke-hold on our association. I can understand why some folks want to use the satellite dish. I, however, hate the looks of roofs or balconies that are festooned with these ugly appliances. It diminishes the esthetics and appearance of the community. In the state of Washington you have the right to set up a dish in a limited area such as a patio. I would challenge the board on this and make them provide the law that permits them to deny this legal right. State law trumps condo rules so don't settle for a CC&R rule.
Posted @ Wednesday, December 07, 2011 3:12 PM by Renee
FYI, 
 
 
 
Satellite dish antennas come under federal law -- FCC. There is a ruling which states a satellite dish cannot be denied in a planned community. However, in a condo assn, the board may deny placement unless it's a limited common area, meaning an area that is for the use of the unit owner only. What it boils down to is that the board cannot deny placement on your own property regardless of what your gov docs or state law says. Fed. law trumps everything!!! 
 
Here is a link to the FCC ruling: 
 
 
 
www.fcc.gov/mb/facts/otard.html
Posted @ Wednesday, December 07, 2011 4:45 PM by mary
As stated above The Federal Telecommunications Act prohibits Associations from denying you the right to have a dish. They can restrict the placement of it. As far as the rules go, they cannot just be arbitrarily enforced, but I agree with the comment made above about bwing "Human". Many Homeowners seem a times to view Board Members as Superhuman experts in all things but they are just "Human" and can make bad decisions. If you feel wronged stand up for your rights, if you don't feel wronged still syamd for your rights, or you stand to lose the,/
Posted @ Wednesday, December 07, 2011 9:55 PM by RCH JR
Gary, 
 
 
 
I wouldn't say the mgr is the problem in your assn, IMO, full blame rests with the board. This is another example of a board allowing the mgr to be in charge while they just sit back and do nothing. These board members should be replaced with people who are willing to do their job. The mgr should take orders from the board not the other way around.
Posted @ Thursday, December 08, 2011 8:38 AM by mary
CAN THE BOARD MAKE ENFORCE ME AS A RESIDENT TO SUBMIT MY PERSONAL BACKGROUND INFO RELATED TO A STRUCTURAL CONCERN WITH ONE OF OUR LAKES WALLS WASHING OUT AND RESUME AND PROFESSSIONAL QUALIFICATIONS BEFORE I CAN ADDRESS THEM DURING MEETINGS? THEY WILL REVIEW ALL MY DATA AND INFORM ME OF FUTURE ACTIONS TO BE TAKEN. I HAVE ADDRESSED FOR 6 YEARS AND IT WAS O-K. 
 
IS THIS A VIOLATION OF FIRST AMEMDMENT:FREEDOM OF SPEECH?
Posted @ Monday, December 12, 2011 4:44 PM by LINDY SOLON
Lindy, 
 
Am I right in thinking that you stated your views regarding the problems with the lake and the board responded by asking for your professional qualifications that allow you to make these remarks? I can understand them asking for this info if you presented yourself as an expert authority on the matter. However, if you were only voicing your opinion then, IMO, the board was way out of line to make this request (demand).
Posted @ Monday, December 12, 2011 5:29 PM by mary
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