HOA fines man $750 for mounting a satellite dish on his own patio. His genius one-page letter had them backtracking in just 4 days
Four days after the resident sent the letter, they received a call that told them that the fine was removed 'as a courtesy'
In most southern and western states in America, it is nearly impossible to find a single-family home that’s not part of some Homeowners Association (HOA). Over 370,000 HOAs govern the aesthetics, visual appeal, structure, and architectural organization of over 33% of the homes across the US, approximately 77 million people, per Ruby Home Luxury Real Estate. The US Census Bureau estimated that 84% of newly built, single-family homes were under the protection of some form of an HOA in 2022. While most HOAs comply with the rules that would promote the aesthetic standards and property values of a community, sometimes, their actions can infringe on the residents' rights, exactly as Reddit user u/Current_Lab_1184 experienced earlier this year. Conflict began with a letter that charged them $750 for “unauthorized exterior modification,” they shared in a post dated April 6.
My HOA tried to fine me $750 for a satellite dish. I got it thrown out in 4 days.
by u/Current_Lab_1184 in fuckHOA
It was a DirecTV dish, the Reddit user said. The resident had a normal satellite dish on their back patio, which had been there since they moved into this house two years ago. “Nobody said anything until now,” they expressed. The resident's first instinct was to just pay the amount because fighting with the HOA sounded too exhausting. However, $750 was not an amount they could easily afford. So they initiated a little investigation on their own and stumbled upon the OTARD rule, which stands for Over-the-Air Reception Devices. This 1996 rule protects homeowners’ right to install these devices, ensuring that they can access communication services like satellite television and radio.
As Law Firm Carolinas states, the HOA can regulate where a dish is placed, but it cannot impose rules that would hinder the functionality of the device. If a homeowner believes that an HOA’s restrictions are violating their rights under the OTARD rule, they have the option to file a complaint with the FCC. The FCC can review the complaint and decide whether the rules are unreasonable or not. The law also suggests homeowners review their HOA’s CC&Rs (Covenants, Conditions, and Restrictions) before installing a satellite dish to avoid potential conflicts.
CC&Rs are a set of legally binding rules, regulations, and agreements designed to maintain property values and community standards in homeowner associations (HOAs), per the Legal Information Institute, Cornell University. The resident in question reviewed their CC&Rs and found that they require 30 days' written notice via certified mail before any fine can be levied. “Even if the dish was a legit violation, the fine was procedurally defective because it didn’t follow their own rules,” the resident described. They also found that it is illegal for an HOA to ban satellite dishes under 1 meter. Citing both the points, they wrote a one-page letter and sent it to the HOA. Four days later, an employee called to say that the fine was “removed as a courtesy.”
Reflecting on the biggest lesson they learned from this episode, the resident described that, “It’s almost never about whether you actually violated something; it’s about whether your HOA followed their own process. Most of them don’t. They skip notice requirements, they don’t offer hearings, and they charge amounts that aren't in the fine schedule. Every one of those is a procedural defect you can use.”
Hundreds of readers sprang into the comments section, with supportive remarks. “Over here they are not allowed to forbid you from putting up a satellite dish,” commented u/noforgayjesus. Many of them mocked the phrase “removed as a courtesy,” saying it wasn’t a favor HOA did to them. “'Removed as a courtesy' is them not admitting a mistake and is often used by an HoA to hammer you next time they find a violation,” said u/cervidal2. u/Edith_Keelers_Shoes revealed another rule from the list that made this fine illegit. “There may also be a rule that if a violation goes unaddressed for a period of time, like 2 years, it's basically grandfathered in and can't be ticketed,” they said.
More on Scoop Upworthy
HOA instructs man to 'only mow in straight lines,' so he decided to give them a show of a lifetime
HOA tried to take his home, so he built a shop they couldn’t touch—then played his trump card
Share on Facebook
