Antenna Installation Maintenance and Use (July 2000)

  1. DEFINITIONS
    1. Antenna: any device used for the transmission and receipt of video or audio services, including direct broadcast satellite (DBS), television broadcast, and multipoint distribution service (MDS). A mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other accessories necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna.
    2. Central Antenna System: an antenna system installed by the Association to serve more than one resident simultaneously.
    3. Covered Antenna: an Antenna covered by the FCC's OTARD Rule.
    4. Common Property: property owned by all unit owners jointly, as defined in Section 1.1 k ("General Common Elements") of the Declaration.
    5. Exclusive Use Area: area (and airspace) in which the owner has a direct or indirect ownership interest and which is designated for the exclusive use of the owner as defined in Section 1.1 m ("Limited Common Elements") of the Declaration.
    6. Individual Antenna: antenna installed by one Resident for reception by that Resident.
    7. Individually Owned Property: property defined in a recorded deed or the Declaration as being owned solely by the owner of the unit, regardless of whether the Association has maintenance responsibility for that property.
    8. Mast: structure to which an Antenna is attached that raises the Antenna height to enable the Antenna to receive acceptable-quality signals.
    9. Resident: any person residing in the Property.
    10. Transmission-Only Antenna: an Antenna that has limited transmission capability and is designed for the Resident to select or use video programming.

  2. ANTENNA SIZE AND TYPE
  3. Subject to criteria detailed elsewhere in these Rules, the following are Covered Antennas and may be installed. All other Antennas (including amateur or ham radio antennas) not covered by the FCC's OTARD Rule, as amended, must be placed inside the unit or approved in writing by the Board as required by the Declaration.

    1. Antennas designed to receive Direct Broadcast Satellite (DBS) service that are 39.4 inches (1 meter) or less in diameter.
    2. Antennas designed to receive Multipoint Distribution Service (MDS) that are 39.4 inches (1 meter) or less in diameter.
    3. Antennas designed to receive television broadcast signals.
    4. Transmission Only Antennas that are necessary for the use of Covered Antennas.
    5. Masts that are required for the installation of Covered Antennas, subject to Article VII of these Rules.

  4. GENERAL RULES
    1. Residents may install Covered Antennas according to the following rules, provided that these rules do not: unreasonably delay Covered Antenna installation, maintenance, or use; unreasonably increase the cost of Covered Antenna installation, maintenance, or use; or preclude reception of acceptable quality signals from Covered Antennas.
    2. LOCATION
      1. Covered Antennas shall be installed solely on Individually Owned Property or Exclusive-Use Areas. Installation of covered antennas on a limited common element does not convert a limited common element to Individually Owned Property.
      2. Television broadcast Covered Antennas must be installed inside a unit whenever possible.
      3. Covered Antennas shall not encroach upon any Common Property, any other Residents' Individually Owned Property or Exclusive-Use Area, Common Property airspace, or the airspace of another Resident's Individually Owned Property or Exclusive Use Area.
      4. If an acceptable quality signal cannot be received under Section 3.2.2 above, Covered Antennas shall be located in a place shielded from view from other units from streets, or from outside the Property to the maximum extent possible. If Covered Antennas can receive acceptable quality signals from more than one location, then Covered Antennas must be located in the least visible preferred location. This section does not permit installation on Common Property, even if an acceptable quality signal cannot be received from Individually Owned Property or Exclusive-Use Area, except as otherwise provided in Section 3.2.6.
      5. If an installation cannot comply with Section 3.2.4 because the installation would unreasonably delay, unreasonably increase the cost, or preclude reception of acceptable quality signals, the Resident must ensure that the installation location is as close to a conforming location as possible. The Resident should submit an explanation to the Association why the nonconforming location is necessary.
      6. The Association will consider installation on Common Property provided the Resident (i) requests prior written approval in accordance with the Association's Architectural Design Standards; (ii) the Board approves the installation in writing; (iii) the Owner of the Unit where the installation is to occur executes a Revocable License (which is a part of the Architectural Design Standard's requirements); and (iv) the Owner of the Unit where the installation is to occur executes the Agreement attached to these Rules and Regulations as Exhibit "A".

    3. INSTALLATION
      1. Covered Antennas shall be neither 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 materially damage any property in the Property, or void any warranties of the Association or other Resident, or in any way impair the integrity of any building, structure or improvement in the Property.
      3. A Resident is not required to hire a professional antenna installer; however, any installer other than the Resident shall employ qualified personnel to install the Covered Antenna.
      4. Covered Antennas must be secured so that they do not jeopardize the soundness or safety of any structure or the safety of any person at or near the Covered Antennas, or cause property damage, including damage from wind velocity.
      5. Residents are liable for any personal injury or damage occurring to Common Property 'or other Residents' Individually Owned Property or Exclusive-Use Areas arising from installation, maintenance, or use of a Covered Antenna, and shall pay costs to:
        1. repair damages to the Common Property, other Residents' Individually Owned Property or Exclusive-Use Areas and any other property damaged by Covered Antenna installation, maintenance, or use;
        2. pay medical expenses incurred by persons injured by Covered Antenna installation, maintenance or use; and
        3. reimburse residents or the Association for damages caused by Covered Antenna installation, maintenance, or use.

    4. MAINTENANCE
      1. Residents shall not permit their Covered Antennas to fall into disrepair or to become a safety hazard. Residents shall be responsible for Covered Antenna maintenance, repair, and replacement, and the correction of any safety hazard within 30 days after notification of the need for repair.
      2. If Covered Antennas detach, Residents shall remove the Covered Antennas or repair such detachment within 72 two hours of the detachment.
      3. Residents shall be responsible for Covered Antenna maintenance if the exterior surfaces of the Covered Antennas deteriorate.
      4. If the Resident does not correct a safety hazard within 30 days after notification, the Association may enter onto the property to repair the Covered Antenna. Any repair expense will be charged to the Resident.
      5. If a Covered Antenna is not properly maintained, the Resident shall be responsible for any personal injury or property damage to Common Property or another Resident's Individually Owned Property and shall indemnify the Association for any personal injury or property damage.

    5. COVERED ANTENNA CAMOUFLAGING
      1. Covered Antennas shall be neutral in color or painted to match the color of the structure (wall, railing) on which they are installed. Prior to painting a Covered Antenna, Resident should ensure any applicable warranty will not be voided.
      2. Covered Antennas installed on the ground and visible from any street or other Residents' Individually Owned Property or Exclusive-Use Area must be camouflaged. A Covered Antenna preferably should be camouflaged by existing landscaping or screening. If existing landscaping will not adequately camouflage the Covered Antenna, then the Association may require additional camouflage. If the camouflaging will cause an unreasonable cost increase, then the Association has the option to pay for additional camouflaging.
      3. Exterior Covered Antenna wiring shall be installed so as to be minimally visible and blend into the material to which it is attached.

  5. SAFETY
  6. Because the Association has a legitimate safety interest in preventing personal injury or property damage occurring due to improper or unsafe Covered Antenna installation, Residents must follow the listed safety guidelines:

    1. Covered Antennas shall be installed and secured in a manner that complies with all applicable codes, safety ordinances, city and state laws and regulations, and manufacturer's instructions.
    2. In no event shall Covered Antennas be placed where they may come into contact with electrical power lines. The purpose of this requirement is to prevent injury or damage resulting from Covered Antenna contact with power lines.
    3. To prevent electrical and fire damage, Covered Antennas shall be permanently and effectively grounded.
    4. To prevent detachment during a storm, Covered Antennas shall be installed to withstand wind speeds of 70 mph.
    5. To prevent possible resultant personal and property injury, Covered Antennas shall be attached to withstand the pressure of snow and ice.
    6. Covered Antennas shall not obstruct access to or exit from any doorway or window of a unit, walkway, ingress or egress, electrical service equipment, water shut-off valves, or any other areas necessary for the safe operation of the Property. The purpose of this requirement is to ensure the safe ingress or egress of association Residents and personnel, and to ensure safe and easy access to the Association's physical plant.

  7. NUMBER OF COVERED ANTENNAS
    1. No more than one Covered Antenna providing the same service from the same provider may be installed by a Resident.

  8. ASSOCIATION USE OF COMMON PROPERTY FOR COVERED ANTENNA INSTALLATION
    1. The Association may choose to set aside a portion of Common Property for the installation of a Central Antenna System to receive telecommunications signals. If the Association chooses to install a Central Antenna System, the Association may prohibit Individual Antenna installations provided that the following conditions are met:
      1. The Central Antenna System offers the same service from the same provider as the Individual Antenna;
      2. The proportionate costs for both Central Antenna System installation and signal reception (including any service fees) must be equal to or lower than costs for installation and service of an Individual Antenna;
      3. The quality of signals received from the Central Antenna System is equal to or better than that of signals received from Individual Antennas; and
      4. There is no unreasonable delay in receiving the signals.
    2. If the Association installs a Central Antenna System, it may order the removal of Individual Antennas provided that the Association pays for the removal of the Individual Antennas and reimburses the Residents the value of the Individual Antenna.

  9. MAST INSTALLATION
    1. Mast height may be no higher than absolutely necessary to receive acceptable quality signals.
    2. Masts extending 12 feet or less beyond the roofline may be installed on Individually Owned Property or Exclusive-Use Property, subject to: (i) Section 7.1 of these Rules; (ii) the safety precautions in Article IV of these Rules and this Section 7.2 and; (iii) the regular notification process in Article X of these Rules. Masts once installed will be located nearer to another unit than the total height of the Mast and Covered Antenna must be pre-approved due to safety concerns posed by wind loads and the risk of falling Covered Antennas and Masts. Any application for a Mast once installed will be located nearer to another unit than the total height of the Mast and Covered Antenna must include a description of the Covered Antenna and the Mast, the location of Mast and Covered Antenna installation, a description of the means and method of installation, including any manufacturer specifications, and an explanation of the necessity for the Mast. If this installation will pose a safety hazard to Residents, then the Association may prohibit such installation. The notice of rejection shall specify these safety risks.
    3. Since Masts extending more than 12 feet above the roofline pose risks of personal injury and damage to Common and other Residents' Individually Owned Property, these Masts shall be installed by a insured Covered Antenna installer at the Resident's expense to ensure proper and secure installation.
    4. Masts must be painted the appropriate color to match their surroundings.
    5. Masts shall not be installed nearer to electric power lines than a distance equal to the total height of the Mast and Covered Antenna above the roof. The purpose of this regulation is to avoid damage to electric lines if the mast should fall in a storm.
    6. Masts shall not encroach upon Common Property or another Resident's Individually Owned Property or Exclusive-Use Areas.
    7. To prevent personal injury and property damage, Masts must be installed to safely withstand environmental conditions natural to Association' s location.

  10. COVERED ANTENNA REMOVAL
  11. Covered Antenna removal requires restoration of the installation location and any other affected locations, if any, to their original condition. Residents shall be responsible for all costs relating to restoration of these areas.

  12. ASSOCIATION MAINTENANCE OF LOCATIONS UPON WHICH COVERED ANTENNAS ARE INSTALLED.
    1. If Covered Antennas are installed on Property that is maintained by the Association, the Residents retain responsibility for Covered Antenna maintenance. Covered Antennas must not be installed in a manner that will result in increased maintenance costs for the Association or for other Residents. If increased maintenance or damage occurs. Residents are responsible for all such costs.
    2. If maintenance requires the temporary removal of Covered Antennas, the Association shall provide Residents with ten (10) days written notice. Residents shall be responsible for removing or relocating Covered Antennas before maintenance begins and replacing Covered Antennas afterward. If they are not removed in the required time, then the Association may do so, at the Residents' expense. The Association is not liable for any damage to Covered Antennas caused by Association removal. The Association is not responsible for reinstalling Covered Antennas.
    3. If Covered Antennas pose immediate threats to Residents and personnel or property, then the Association has the right to remove Covered Antennas. The Association is not liable for any damage to Covered Antennas caused by this removal.

  13. NOTIFICATION PROCESS
    1. Any Resident desiring to install a Covered Antenna must complete a notification form and submit it to the Board. The installation may then begin immediately. The purpose of the notification process is to allow the Association to provide Covered Antenna installation rules and other information to Residents and to determine whether the installation could pose a safety hazard.
    2. The Association may hire an independent contractor to determine whether an installation in a nonconforming location is necessary. If the independent contractor finds that installation in a conforming location is possible, then the Resident will be required to relocate the Covered Antenna.

  14. INSTALLATION BY TENANTS
    1. These rules shall apply in all respects to all Residents, whether owners or tenants.

  15. ENFORCEMENT
    1. If these rules are violated, the Association, after providing the Resident with notice and opportunity to be heard, may bring action for declaratory relief with the FCC or any court of competent jurisdiction. Any violation of these rules shall result in fines against the Owner of the unit in accordance with Rule No. 9 of the Association Rules and Regulations.
    2. If Covered Antenna installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit the installation or seek removal of the installation.

  16. SEVERABILITY
    1. If any of these provisions is ruled to be invalid, the remainder of these rules shall remain in full force and effect.
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