Download the Form: Notice of Intent to Install Antenna within Living Unit
I. Definitions
A. Antenna: any device used for the receipt of video programming services, including direct broadcast satellite and direct-to-home satellite service (DBS), television broadcast, multipoint distribution service (MDS), or any device used for the receipt or transmission of Fixed Wireless Signals. A reception antenna that has limited transmission capability designed for the viewer to select or use video programming is a reception antenna provided that 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 an antenna shall be considered part of the antenna.
B. FCC Rule: Federal Communications Commission Over-the-Air Reception Devices Rule and regulations and declaratory rulings related thereto, as any of the same may amended from time to time.
C. Fixed Wireless Signals: any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed Wireless Signals do not include, among other things, AM/FM radio, short-wave, amateur (“HAM”) radio, Citizens Band (“CB”) radio, and Digital Audio Radio Services (“DARS”) signals.
D. Mast: structure to which an antenna is attached that raises the antenna height.
E. Owner: the record title holder of any Living Unit within the Community, whether one or more persons or entities. The term “Owner” excludes those having an interest in a Living Unit merely as security for the performance of an obligation. For the purpose of this rule only, “Owner” includes a tenant of a Living Unit.
F. Transmission-only antenna: any antenna used solely to transmit signals other than Fixed Wireless Signals.
All other capitalized terms used in these Rules for Antennas & Satellite Dishes, unless otherwise defined herein, have the meanings specified for such terms in Appendix One of the Declaration.
II. Installation Rules
A. Antenna Size and Type
1. DBS antennas that are one meter or less in diameter may be installed. DBS antennas larger than one meter are prohibited.
2. MDS antennas that are one meter or less in diameter may be installed. MDS antennas larger than one meter are prohibited.
3. Antennas used for the receipt or transmission of Fixed Wireless Signals that are one meter or less in diameter may be installed. Antennas used for the receipt or transmissions of Fixed Wireless Signals larger than one meter are prohibited.
4. Installation of transmission-only antennas is prohibited unless approved by the Association’s Architectural Control Committee.
5. All antennas not covered by FCC Rule are prohibited.
B. Location
1. Antennas shall be installed solely within an Owner’s Living Unit and shall not be installed on Community Property or other common areas.
2. If acceptable quality signals can be received by placing antennas inside a Living Unit, without unreasonable delay or unreasonable cost increase, then outdoor installation may be prohibited.
3. Antennas shall not encroach upon Community Property or other common areas or any other Owner’s Living Unit.
4. To the maximum extent possible, antennas shall be located in a place shielded from public view and from the view of other Living Units and should be placed m rear yards, if feasible; provided, however, that nothing in this rule would require installation in a location from which an acceptable quality signal cannot be received, as certified in writing by a license installer. This section does not permit installation on Community Property or other common areas, even if an acceptable quality signal cannot be received from the Owner’s Living Unit. (The Board of Directors may expand this rule to state which locations are the most preferred for antenna installation, followed by less favorable, and so on.)
C. Installation
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 that they do not damage the Community Property or the Living Unit of any other Owner, or void any warranties of the Association or other Owners, or in any way impair the integrity of buildings on Community Property or Living Units.
3. Antennas must be secured so that they do not jeopardize the soundness or safety of any other Owner’s Living Unit or the safety of any person at or near the antennas, including damage from wind velocity based upon a unique location.
D. Maintenance
1. Owners shall be responsible for antenna maintenance and repair.
2. Owners are responsible for all costs associated with the antenna including, but not limited to, costs to:
(a) Place (or replace), repair, maintain, and move or remove antennas;
(b) Repair damages to the Community Property, other Living Units, and any other property damaged by antenna installation, maintenance or use;
(c ) Pay medical expenses incurred by persons injured by antenna installation, maintenance, or use; and
(d) Reimburse residents or the Association for damages caused by antenna installation, maintenance, or use, including reasonable legal fees and costs should the Association prevail in an action to require an Owner to remove or relocate an antenna from an improper location.
3. Owners shall not permit their antennas to fall into disrepair or to become a safety hazard.
4. Owners shall be responsible for antenna repainting or replacement if the exterior surface of the antenna deteriorates.
5. An Owner shall promptly remove an antenna if service to the antenna is discontinued.
E. Safety
1. Antennas shall be installed and secured in a manner that complies with all applicable county and state laws and regulations, and manufacturer’s instructions. The Owner shall provide the Association with a copy of any applicable governmental permit.
2. Antennas shall be placed within a safe distance from electrical and other utility lines and apparatus (above-ground or buried) and in no event shall antennas be placed where they may come into contact with such utility lines and apparatus. The purpose of this requirement is to
prevent injury or damage resulting from contact with such utility lines and apparatus.
3. All installations must comply with all applicable codes.
4. In order to prevent electrical and fire damage, the antennas shall be permanently and effectively grounded.
5. Antennas are required to withstand wind gusts up to 80 mph and shall be designed to withstand the pressure of snow and ice.
III. Antenna Camouflaging
A. Antennas or masts may not extend beyond a railing or fence unless no acceptable quality signal may be received from such location, provided, however, that in no event shall any antenna or mast extend beyond the boundaries of any Owner’s Living Unit or property line.
B. Antennas situated on the ground and visible from the street or from other Living Units must be camouflaged by existing landscaping; fencing or other screening approved by the Architectural Control Committee, if an acceptable quality signal may be received from such placement. If no such existing landscaping or screening exists, the Association may require antennas to be screened by new landscaping or screening of reasonable cost. (Camouflaging antennas may not be unreasonably expensive. The Association may require more expensive screening, if the Association chooses to fund part of the cost.)
C. Antennas, masts, and any visible wiring must be painted to match the color of the structure to which it is installed, unless such paint will degrade the signal.
D. Antennas may not obstruct a driver’s view of an intersection or street.
IV. Mast Installation
A. Mast height may be no higher than absolutely necessary to receive acceptable quality signals.
B. Masts that extend 12 feet or less beyond the roofline may be installed subject to the regular notification process (see below). The Architectural Control Committee must approve masts that extend more than 12 feet above the roofline before installation due to safety concerns posed by wind loads and the risk of falling antennas and masts. Any application for a mast longer 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 necessity for a mast higher than 12 feet, as certified in writing by a license installer. If this installation will pose a safety hazard to residents and personnel of the Association, then the Association may prohibit such installation. The notice of rejection shall specify these safety risks. (This 12-foot baseline may change if the BOCA Code is amended.)
C. Masts must be installed by licensed and insured contractors.
D. Masts must be painted the appropriate color to match their surroundings.
E. Masts installed on a roof shall not be installed nearer to the Living Unit lot line than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to protect persons and property that would be damaged if the mast were to fall during a storm or from other causes.
F. Masts shall not be installed nearer to electric power lines than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to avoid damage to electric power lines if the mast should fall in a storm.
G. Masts shall not encroach upon another Owner’s Living Unit or the Community Property.
H. Masts installed on the ground are required to withstand wind gusts up to 80 mph.
I. Masts must be designed to withstand the weight of ice and snow.
V. 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.
VI. Association Maintenance of Locations Upon Which Antennas are Installed
A. If an antenna is installed on property for which the Association has maintenance responsibility, the Owner who installed such antenna shall retain responsibility for such antenna maintenance. Owners shall not install antennas in a manner that will result in increased maintenance costs for the Association or for other Owners. If an antenna is installed in a manner that results in increased maintenance costs for the Association or for other Owners, the Owner responsible for such antenna shall be liable for such increased costs.
B. If Association 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 an Owner
does not remove his or her antenna by the required time, then the Association may do so, at the Owner’s expense. The Association is not liable for any damage to the antennas caused by the Association’s removal of the same.
VII. Notification Process
Any Owner desiring to install an antenna must complete a notification form and submit it to the Architectural Control Committee c/o the Association Office.
VIII. Installation by Tenants
These Rules shall apply in all respects to tenants of Living Units. A tenant desiring to install an antenna shall provide prior written notification to the Owner of the Living Unit. A copy of such written notification must be furnished to the Architectural Review Board.
IX. Enforcement
A. If these rules are violated, the Association may bring an action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard have been afforded to the Owner. If the court or FCC determines that the Association rule is enforceable, the Association for each violation shall impose a fine of $50. If the violation is not corrected within a reasonable length of time, additional fines of $10 per day will be imposed for each day that the violation continues. To the extent permitted by law and/or the Governing Documents, the Association shall be entitled to reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy.
B. 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.
X. Severability
The provisions of these Rules for Antennas & Satellite Dishes are severable and the invalidity of one or more of the provisions shall not affect the validity or enforceability of any other provisions.
XI. Amendments
The provisions of these Rules for Antennas & Satellite Dishes are consistent with the FCC Rule. Because the FCC Rule is subject to change and modification, the Declarant and/or Board of Directors, in their discretion, may from time to time amend these Rules for Antennas & Satellite Dishes to conform to changes in the FCC Rule or other applicable law.
Download the Form: Notice of Intent to Install Antenna within Living Unit
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