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RULES FOR INSTALLATION OF SATELLITE DISHES

AT MAGNOLIA SQUARE

 

Size:  Satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter may be installed. 

 

Location:      Satellite dishes must be installed solely in the owner’s unit or on individually-owned property or exclusive-use area, as designated in the Declaration of Condominium which defines the limited common elements and individual-owned property.  Installation of satellite dishes on a limited common element does not convert the limited common element to individual property.

 

If acceptable quality signals may be received by placing satellite dishes inside a dwelling, then outdoor installation may be prohibited. 

 

Satellite dishes must not encroach upon any common elements, any other owner’s individual unit or limited common element, or the air space of another owner’s limited common element, or any air space outside of the dimensions of the limited common elements.

 

Satellite dishes shall be located in a place shielded from view from outside the community or from other units to the maximum extent possible; provided, however, that nothing in this rule would require installation in an exclusive area where an acceptable quality signal cannot be received.  This section does not permit installation on common property, even if an acceptable quality signal cannot be received from an individually-owned or exclusive use area.

 

To the extent practical, without impairing the receipt of an acceptable quality signal or violating the provisions of the preceding paragraphs, satellite dishes must be installed in a location where their visibility is minimized to individuals using common driveways, streets, walkways, parking areas and nearby property.

 

Installation:  All installations shall be completed so that they do not damage the common elements, limited common elements, or individual units, or void any warranties of the Condominium Association or other owners, or in any way impair the integrity of the building.

 

Owners are responsible for all costs associated with the satellite dish, including but not limited to costs to place (or replace), repair, maintain, and move or remove satellite dishes; repair damages to the common property, other lots, and any other property damaged by the installation, maintenance or use of satellite dishes; pay medical expenses incurred by persons injured by installation, maintenance or use of satellite dishes; reimburse residents or the Association for damages caused by the installation, maintenance or use of satellite dishes.

 

Satellite dishes 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 satellite dishes, including damage from wind velocity based upon a unique location. 

 

Maintenance:          Owners shall not permit their satellite dishes to fall into disrepair or to become safety hazards.  Owners shall be responsible for dish maintenance and repair.  Owners shall be responsible for satellite dish maintenance, repair and replacement, and the correction of any safety hazard.

 

Safety:           Satellite dishes shall be installed and secured in a manner that complies with all applicable codes, including hurricane and windstorm, safety ordinances, city and state laws and regulations, and in accordance with manufacturer's instructions.  The owner, prior to installation, shall provide the Association with a copy of any applicable governmental permit, if one is required.  All contractors responsible for installation shall be licensed and insured. 

 

Unless the above-cited codes, safety ordinances, laws and regulations require a greater separation, satellite dishes shall not be placed within two feet of electrical power lines (above-ground or buried) and in no event shall satellite dishes 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 contact with power lines.  In order to prevent electrical and fire damage, satellite dishes shall be permanently and effectively grounded. 

 

Appearance:            Satellite dishes and any visible wiring must be painted to match the color of the structure to which it is installed, as long as such paint does not impair or degrade the quality of the signal beyond acceptable standards. 

 

Number:       No more than one satellite dish of each provider may be installed by an owner. 

 

Notice:          Any owner desiring to install a satellite dish must complete a notification form and submit to the Board.  If the installation conforms to all of the above rules and restrictions, the installation may begin immediately upon acknowledgement of notice. 

 

If the installation is other than routine for any reason, owners and the Board must establish a mutually convenient time to meet to discuss installation methods. 

 

Non-Owner:             These rules shall apply in all respects to tenants.  Tenants desiring to install satellite dishes shall obtain prior written permission of the unit owner.  A copy of this permission must be furnished with the notification statement.

 

Enforcement:          Should this policy be violated, the Association may bring action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard.  In the event the court or FCC determines that a violation occurred, to the extent permitted by law, the Association shall be entitled to reasonable attorneys' fees, costs and expenses incurred in the enforcement of this policy.