Q What can be done when an association board allows members to install satellite
dishes on common property (roofs) when our rules clearly state such
installations are prohibited? The FCC allows for satellite dishes to be installed on limited common property,
and areas of exclusive use, which should suffice without attachments to common
property.
Most members of this Central Maine association are elderly, and refuse to become involved in controversy of any kind. I have written to the board about this matter quoting both state and federal law. Their reply was: "we'll do what we want." This is not the only matter in which the board appears to be overstepping its authority. We have a rule that requires board approval for all dish installations, in violation of the FCC rules and regulations. I have asked for changes or repeal of this rule to no avail.
— In Orbit Over Satellite Dishes
A “Many associations, especially small ones, don’t always follow the rules,” says Joseph Carleton, Jr., an attorney based in Wells, Maine. “ If the board in your case does not respond to a well-crafted explanation of why
they are in error, the only realistic course may be to vote them out of office
at the next election, if you can. You could point out that the association’s liability policy doesn’t cover willful violations of the documents and that they may be held personally
liable for any damages arising out of them, but it is not likely that this will
be taken seriously; satellite dishes in the wrong place are unlikely to result
in compensable damages. You could, of course, go to court and ask a judge to
order them to obey the rules, but this is a very expensive option. You probably
should ask yourself why the board does not respond to your complaints, whether
they didn’t like the message, didn’t like the messenger or, perhaps, the way the message was delivered. I’m referring to a possible personality conflict with one or more members of the
board and perhaps a communication style that offends rather than convinces. If
any of this rings true, then a little introspection about this might be useful
for you.”
— Joseph Carleton, Esq.
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