Condo threat to take down my dish

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Help

My condo has told me that I must take down my dish because:

As per section 19 if the condo rules and regulations you maynot erect antenna's on or attached to the building structure.
Also that the only TV antenna alowed, is to be connected to the common cable system in the complex

They have noted they will take it down if I don't on Aug 5th.

The dish is hidden on top of my garage and only one person can see it (top 1/3) and he's the Rogers cable guy who lives across the street..I wonder who told.

What laws can I use to shove it back at them .

I'm in Toronto Canada.


Thanks

[GhostDog]

hmmmm.... there must be some law that supercedes the 'condo regulations'. I remember somebody posting about a similar problem with their apartment and I imagine it would be the same thing. Basically, and I wish I had the law to quote, as long as the dish is on your property that you rent or own you should be ok.

I had a similar problem at my apartment in Toronto. I actually had the dish on the roof and dropped the cable 4 stories. They told me to take it down right when I put it up. I told them to 'sue me' in so many words, nothing ever came of it and when I moved out a year later the dish was still there. A little civil disobedience may go a long way for you here... who knows.

Dime

[cavegoon]

I'm in BC, and believe the condo laws are similar to ontario (but maybe not quite the same!)...

It sounds to me like you are the victim of a strata council with nothing better to do.

I'm pretty sure that the section 19 they are referring to is your bylaws / rules for your particular condo (every condo can add rules / bylaws to those provided for in the provincial condo act).

That being the case, there are a few things that I suggest you should do:

a) make sure that the bylaw they are referring to exists.

b) make sure that this restriction is a BYLAW and not a RULE (Bylaws can control activities inside a strata lot or on limited common property (lcp) whereas rules cannot). If it is a rule, tell them to take a flying f**k. There is nothing that they can really do if it is a rule.

c) make sure that the bylaws have been duly registered with the land title office (go to the land title office and do a title search on your property... the clerks there will be able to tell you which referenced documents will be your bylaws, and can get you a copy... make sure that this copy is the same as the one mentioned above in (a).

these 3 things will help you determine how much of a fighting chance you have and your possible future options...

first stage options I could suggest (depending on what you found out):

1) write to the council and say that the dish was there before the strata bylaws and rules were put in place (even fib a bit if you have to)

2) mount the dish on a piece of doubled up plywood 2 feet square and place the dish on the roof (it is no longer "attached" to the building structure, is it???... speaking of which... you got a fence you can mount it to?)

3) paint the dish and bracket to match a the top portion of your roof (higher than the rogers nazi can see) and re-mount dish up there.

second stage options I could suggest:

4) tell the strata council that rogers will not provide you with service for {insert bs reason here} and they cannot force you to go with one service provider (what other option do I have, mr. strata councillor?)

5) put dish inside, looking out a window.

6) go to a lawyer and threaten lawsuit, stating that the bylaws are unjust and overbearing.

7) move.

other than that, i dont think there is any specific canadian law that says you have a right to a satellite dish on your condo.

good luck...

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Thanks for the help

A few things Cave

1: I have a copy of the "condo act" they put out.
The #19 is a "rule" as per thier booklet

Rule 19 does exsist, but it is from 1979, and states.

"no TV antenna, ariel, tower or similar structure shall be erected on, or to any unit, except in connection with a common tv cable system"

2: The dish is mouted on a 24x24 concrete patio block and is not attached to the building, but sitting on it.

3: The only communication view for the dish I have is where the guy across can see it

4: What the "rules" also state is that I can repeal the rules and calll a meeting to change the rules. Guess what I'm going to ask for.

5: If that doesn't work i'm going to build a tube that goes out of my window, and holds the dish above the common area (on top of my garage) and tell them that i'm not errecting on the common area.

6: I tell them it is not a TV antenna, but a Digital reciver which is not a lie and is not against the rules.


Thanks for yoru help I'll let you know how it works out

[captainAl]

For residents in the US, direcTV (ironically) will help you win that battle. I heard its illegal to not allow sat dished on condos.... maybe http://www.directv.com can help you....

obviously, dont all have a legit subscriber contact them....

In the U.S. the Federal Communications Act of 1996 supercedes state and local ordinances, as well as landlord and Homeowner Association rules affecting a renter's or an owner's right to install a 1 meter or smaller dish or an OTA antenna, IF either of the above do NOT hang out over, attach to, or impede access to any common areas (exterior walls, sidewalks, greenbelt, parking areas, roof, etc.) or present a safety hazard. HOAs and landlords also have one additional legitimate basis to deny a renter or a condo owner privilege to mount a dish or antenna: if the property is listed in the National Historical Register and the presence of outdoor RF reception devices would detract from the property's esthetics. In general, though, U.S. renters and condo owners can get around landlords and HOAs by mounting a dish in a 5 gallon pail with the mount pole set in quick setting concrete. As long as this "temporary" mount is totally within the resdent's immediate area of personal use, such as a non-shared patio or balcony to which he, family members, and guests have exclusive access, he's legal.

DirecTV does not, itself, provide any service to enforce this Federal law, but the F.C.C. does through their regional field offices in the event of a dispute. However, DirecTV does maintain a service that will contract for a free service to HOAs and landlords of multi-unit complexes to wire and install community dish(es). Boxes are then leased to the residients if they wish to subscribe. Unsure whether the receivers are leased through the landlords/HOAs, or DirecTV itself. Also unsure whether these receivers and the associated LNBs are "special" as to down converted intermediate operational frequencies.[Edited by seymour_teevee on August 1st, 2001 at 05:39 PM]

[Gilg]

Generally speaking, I'm pretty sure these restrictions are valid provided they were in the lease or document mentioned in the lease when you signed it, or a similar convenant with owned property. I'm only familiar with U.S. law, but there's an idea for you. Self help is rarely ever available. For example, and landlord can forcibly evict you himself, he has to go through the courts. The only time I can think of when self help is allowed is reposessing property and then only if the current posessor does not object. Once an objection is made (a simple "don't take my property!") self help in a repossession situation usually if not always becomes illegal. So, you might want to tell the condo board (or whoever) that you object to them taking our satellite dish down. If they come on to your property (or property you have rented) and take it, you might have a claim against them.