The community association industry is all atwitter about the FCC regulations that pertain to the installation of small dish style antennae. Each situation depends on whether the organization is an HOA or a condo; or if the proposed installation site is general common element or limited; or if the FCC rule referred to is proposed, under advisement or adopted. The one thing that is clear is that no one is sure.

Where does that leave the co-owner that wishes to install a small dish or the community association that wishes to regulate them? Beats me. If your attorney cannot certainly answer the question, I cannot either. I will, however, describe a relatively painless way to deal with a contested installation until the picture clears.

Briefly, the FCC rulings state that community association regulations on small dish installation cannot increase the cost of the installation or interfere with signal reception. It is also clear that community associations can prohibit installations in locations that are demonstrably unsafe, say blocking a walkway, or hanging in front of a door. This is the extent of clear reception.

What to do when it is time to install a dish or choose the regulations concerning dish installation? As always, polite inquiries and a willingness to compromise will go a long way to solving problems. A reasonable request for installation that has minimal impact on the community should be everyone’s goal. This can often, but not always, be achieved by meeting on site and looking at the options.

When it becomes clear that irresistible force (desire for dish programming) has met immovable object (Board restrictions), it is time to deal with the conflict. This is not until the FCC has made it more clear what regulations will be allowed. The co-owner does not want to go to court either, as the lack of precedent makes outcome uncertain.

If the co-owners proposed installation does not pose a threat to safety, and the associations objection is on aesthetic or general non safety grounds, the association can object to the installation without attempting to physically or injunctively prevent it. This may be the wisest and least expensive course in the long run.

A way for the community association to note an installation that they do not approve of is to record a notice on the title of the home with the local registrar of deeds. This can be prepared and filed by the association attorney for a nominal cost. This ensures that the co-owner cannot deny knowing that the installation was contested, nor can any subsequent owner of that home.

The community association has protected their right to make reasonable rules and regulations. When the FCC does issue rules that can be administered, the association can reexamine the contested installation and force (at suit if necessary) compliance with regulations they know will stand.

This process may help keep the peace in community associations, while protecting the rights of the parties involved. This seems to be a civilized way to deal with a difficult and potentially ugly dispute.

For the most up-to -date information, plan on attending an address by a representative of the FCC. It will be held on April 1st at the Southfield Art Center. Please see the announcement in this issue for more details.