So like everything else they are talking out both sides of their mouth. The problem becomes, how much aggravation does the landlord want to go through as the burden of proof undisputedly lies with them. John Woodfield, President Delmarva WiFi Inc. 410-870-WiFi
-----Original Message----- From: "Adam Moffett" <[email protected]> Sent: Monday, March 16, 2015 10:45pm To: [email protected] Subject: Re: [AFMUG] Angry landlord over Roof mount antenna I've been going by the FCC Q&A posted here: [ http://www.fcc.gov/guides/over-air-reception-devices-rule#QA ]( http://www.fcc.gov/guides/over-air-reception-devices-rule#QA ) Highlighting added by me Q: If I live in a condominium or an apartment building, does this rule apply to me? A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling. Don't think so. The rules are clear that permitted restrictions have to be "reasonable" and if there is a "conflict" the burden of proof is on the landlord. Further, restrictions cannot violate the impairment clause in section 2.2 i.e. may not unreasonable delay or increase costs, or preclude reception or transmission of an acceptable quality signal. This article, written by an attorney, addresses most of the misconceptions that have been voiced here [ http://www.wba-law.com/Unique_Practice_Areas/Homeowners_Associations/ ]( http://www.wba-law.com/Unique_Practice_Areas/Homeowners_Associations/ ) John -----Original Message----- From: "Adam Moffett" [ <[email protected]> ]( mailto:[email protected] ) Sent: Monday, March 16, 2015 9:24pm To: [ [email protected] ]( mailto:[email protected] ) Subject: Re: [AFMUG] Angry landlord over Roof mount antenna OTARD says the landlord can't tell you not to put an antenna on the house. The landlord absolutely *can* tell you not to put holes in his property. The FCC website on the topic spells this out pretty clearly. I.E.: OTARD protects you if you can manage to install without any penetrations. This is why you'll see apartment complexes with dishes clamped on the deck railings and they make flat coax to go in through a window. OTARD rules cover it. It's s town home so you can mount anywhere on their portion of the building including the roof. If he has an issue with the cable and holes he needs to talk to the renter. You could also let him know that quality internet service makes his property more rentable. On Monday, March 16, 2015, Darin Steffl <[ [email protected] ]( mailto:[email protected] )> wrote: Hey all, So I got an angry call from a owner of a townhouse who rents it out to one of our new internet customers. We were never made aware the home was a rental in any way. Our techs always ask permission on where to mount the dish and bring in the wire and they were given approval to mount the dish on the roof and drill a hole for the wire. If it was a rental, we would have talked to the landlord. The home owner now wants us to remove the dish, cable, and holes and restore everything to original condition. He wants new siding, new shingles, the whole works. I don't exactly know how I should handle this situation. We won't be pulling the mount off the roof because it is sealed if we leave it there. We can't move the dish because the signal is only good there. Do we have any sort of protection from OTARD or anything that allows us to keep things in place since we were given permission from the tenant? Ideas or ways to handle this smoothly? We are not going to pay for new siding or roofing when we were given permission to install. If anything, the tenant would be responsible since we did the work on their behalf. -- Darin Steffl Minnesota WiFi [ www.mnwifi.com ]( http://www.mnwifi.com/ ) 507-634-WiFi [ ]( http://www.facebook.com/minnesotawifi ) [ Like us on Facebook ]( http://www.facebook.com/minnesotawifi )
