Association Rules >> Resolutions

WHEREAS, the Declaration of Covenants, Conditions and Restrictions creates restrictions, covenants and condition for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property; and;

WHEREAS, Article VI, Section 1 of the Declaration of Covenants, Conditions and Restrictions specifically grants to the Association the right to promulgate rule and regulation regarding the Lot; and

WHEREAS, Article VI, Section 2 of the Declaration of Covenants, Conditions and Restrictions specifically grants to the Association the power to appoint the Architectural Control Committee, and to promulgate guidelines regarding architectural control; and

WHEREAS, there is a need to establish orderly procedures for the installation and maintenance of any device used for the receipt of video programming services, television broadcasts and multipoint distribution services, and

WHEREAS, the Board after careful consideration has determined that ground level installation presents a direct safety hazard to the Association, its members, guests, invitees and employees, contractors or agents because of the risks associated with ground level electrical installations in conjunction with the mowing and landscaping activities of the Association, and has determined that installation on the front of units also presents hazards for persons possibly being struck by improperly installed, or after extended use, deteriorating installation, of existing reception devices which would present a hazard to any person located below the level of an installed device, should such installation fail; and seeks to ensure the safe, secure, proper, compliant installation of such devices; and has determined that rules and regulations addressing the safety concerns of the Association regarding such device placement, installation and type are needed within the community;

NOW THEREFORE, BE IT RESOLVED THAT the Board duly adopt the following installation and maintenance provisions and procedures for DBS, television broadcast and MDS reception and use which does expressly supercede and replace former Policy Resolution No. 10, Satellite Dishes/Antennas duly adopted in 1997:

1. Definitions
   1. Device -- any reception/transmission device or antenna used for the receipt of video programming services, including direct broadcast satellite dish(DBS), television broadcast, and multipoint distribution service (MDS). A reception antenna that has limited transmission capability designed for the viewer to select or use video programming is a reception antenna provided that it meets FCC standards for radio frequency emission. 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. Mast -- structure to which an antenna is attached that raises the antenna height.
   3. Transmission-only antenna -- any antenna used solely to transmit radio, television, cellular, or other signals.
   4. Titleholder -- the owner of record of any Lot, whether one or more people or entities; provided, however, that this term excludes those having an interest merely as security for the performance of an obligation. For the purpose of this rule only, “Titleholder” includes a tenant who has the written permission of the Lot Titleholder/landlord to install antennas.
   5. Telecommunications signals -- signals received by DBS, television broadcast, and MDS antennas.
   6. Living Unit – the individual townhouse unit
   7. Board – the members sitting as the Board of Directors or as the Architectural Control Committee at the time of installation or review of installation of any Device.

2. Installation Rules
   1. Device Size and Type
      1. DBS Devices that are one meter or less in diameter may be installed. DBS antennas larger than one meter are prohibited.
      2. MDS Devices that are one meter or less in diameter may be installed. MDS antennas larger than one meter are prohibited.
      3. Antennas designed to receive television broadcast signals, regardless of size, may be installed.
      4. Installation of transmission-only antennas are prohibited unless approved by the Board.
      5. All Devices not covered by the FCC Rule are prohibited.

   2. Location
      1. Devices shall be installed solely within such Titleholder’s Lot and shall not be installed on Common Area, and are to be placed at the rear roof portion or rear yard, or yard area, within the lot.
      2. If acceptable quality signals can be received by placing Devices inside a Living Unit, without unreasonable delay or unreasonable cost increase, then outdoor installation may be prohibited.
      3. Devices shall not encroach upon Common Area or any other Titleholder's Lot.
      4. To the maximum extent possible, Devices shall be located in a place shielded from public view and from the view of other Titleholders; provided, however, that nothing in these Rules would require installation in a location from which an acceptable quality signal cannot be received. This section does not permit installation on Common Area, even if an acceptable quality signal cannot be received from the Titleholder’s Lot. (Only the Board of Directors by majority vote may expand this rule to state which locations are the most preferred for antenna installation, followed by less favorable, and so on.)

   3. Installation
      1. Devices shall be no 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 damage the Common Elements or the Lot of any other Titleholder, or void any warranties of the Association or other Titleholders, or in any way impair the integrity of buildings on the Lots.
      3. Devices must be secured so that they do not jeopardize the soundness or safety of any other Titleholder's Living Unit or the safety of any person at or near the antennas, including damage from wind velocity based upon a unique location.

   4. Maintenance
      1. Titleholders shall be responsible for Device maintenance and repair.
      2. Titleholders are responsible for all costs associated with the Device including, but not limited to, costs to:

         1. place (or replace), repair, maintain, and move or remove Devices;
         2. repair damages to the Common Area, other Lots, and any other property damaged by Device installation, maintenance or use;
         3. pay medical expenses incurred by persons injured by Device installation, maintenance, or use; and
         4. reimburse Members or the Association for damages caused by Device installation, maintenance, or use.

      3. Titleholders shall not permit their Devices to fall into disrepair or to become a safety hazard.
      4. Titleholders shall be responsible for Device repainting or replacement if the exterior surface of the antenna deteriorates.

   5. Safety
      1. Devices shall be installed and secured in a manner that complies with all applicable county and state laws and regulations, and manufacturer's instructions.
      2. Unless the above-cited laws and regulations, or any guidelines promulgated by the electric company require a greater separation, Devices shall not be placed within 10 feet of power lines(above-ground or buried) and in no event shall Devices be placed where they may come into contact with any electrical power lines. The purpose of this requirement is to prevent injury or damage resulting from contact with power lines.
      3. All installations must comply with all applicable codes.
      4. In order to prevent electrical and fire damage, the Devices shall be permanently and effectively grounded.
      5. Devices are required to withstand wind gusts up to 90 mph, and shall be designed to withstand the pressure of snow and ice.
      6. Devices may in no event be installed at ground level in the front portion of the lot, as a safety preventive, to ensure no wiring or components can be harmed by, or cause harm to tenant, owners, guests and invitees of the Titleholder or the Association.

3. Device Camouflaging
   1. Devices or masts may not extend beyond a railing or fence unless no acceptable quality signal may be received from such location, and based upon the safety restriction cited in the preamble and Section II(E), no installation may be made at ground level in the front of the unit or on the front lot, and/or from the midpoint of the side of the end unit to the front lot line.
   2. Devices situated on the ground at the side or rear of the Lot and visible from the street or from other Lots must be camouflaged by existing landscaping or fencing, if an acceptable quality signal may be received from such placement. If no such existing landscaping or screening exists, the Association may require Devices to be screened by new landscaping or screening of reasonable cost. (Camouflaging Devices may not be unreasonably expensive. The Association may require more expensive screening, if the Association chooses to fund part of the cost.)
   3. Devices, masts, and any visible wiring must be painted to match the color of the structure to which it is installed, unless such paint will degrade the signal.
   4. Devices may not obstruct a driver's view of an intersection or street.

4. Number of Devices
   • No more than one Device for each type of service may be installed by a Titleholder.

5. Mast Installation
   1. Mast height may be no higher than absolutely necessary to receive acceptable quality signals.
   2. Masts that extend 12 feet or less beyond the roofline may be installed subject to the regular notification process (see below). Masts that extend more than 12 feet above the roofline must be approved by the Board before installation due to safety concerns posed by wind loads and the risk of falling Devices and masts. Any application for a mast longer than 12 feet must include a detailed description of the structure and anchorage of the Device and the mast, as well as an explanation of the necessity for a mast higher than 12 feet. If this installation will pose a safety hazard to Members and personnel of the Association, then the Association may prohibit such installation. The notice of rejection shall specify these safety risks. (This 12-foot baseline may change, if the BOCA Code is amended.)
   3. Masts must be installed by licensed and insured contractors.
   4. Masts must be painted the appropriate color to match their surroundings.
   5. Masts installed on a roof shall not be installed nearer to the Lot line than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to protect persons and property that would be damaged if the mast were to fall during a storm or from other causes.
   6. Masts shall not be installed nearer to electric power lines than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to avoid damage to electric power lines if the mast should fall in a storm.
   7. Masts shall not encroach upon another Titleholder's Lot or the Common Area.
   8. Masts installed on the ground are required to withstand wind gusts up to 90 mph.
   9. Masts must be designed to withstand the weight of ice and snow.

6. Device Removal
   • Device removal requires restoration of the installation location to its original condition. Titleholders shall be responsible for all costs relating to restoration of this location.

7. Association Maintenance of Locations Upon Which Devices are Installed
   1. If a Device is installed on property for which the Association has maintenance responsibility, the Titleholder who installed such antenna shall retain responsibility for such antenna maintenance. Titleholders shall not install Devices in a manner that will result in increased maintenance costs for the Association or for other Citizens. If a Device is installed in a manner that results in increased maintenance costs for the Association or for other Citizens, the Titleholder responsible for such Device shall be liable for such increased costs.
   2. If Association maintenance requires the temporary removal of Devices, the Association shall provide Titleholders with 10 days written notice. Titleholders shall be responsible for removing or relocating Devices before maintenance begins and replacing Devices afterward. If a Titleholder does not remove his or her Device(s) by the required time, then the Association may do so, at the Titleholder’s expense. The Association is not liable for any damage to the Devices caused by the Association’s removal of the same.

8. Notification Process
   1. Any Titleholder desiring to install any Device must complete a notification form and submit it to the Board care of the Association’s office. If the installation is routine (i.e., the installation conforms to all of the above rules and restrictions), the installation may begin immediately.
   2. If the installation is other than routine for any reason, the Titleholder and the Board must establish a mutually convenient time to meet to discuss installation methods.

9. Installation by Tenants
   • These Rules shall apply in all respects to tenants. A tenant desiring to install a Device(s) shall obtain prior written permission from the Titleholder of the Lot. A copy of such written permission must be furnished with the notification statement.

10. Enforcement
    1. If these rules are violated, the Association may bring an action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard have been afforded to the Titleholder. If the court or FCC determines that the Association rule is enforceable, a fine of $50 shall be imposed by the Association for each violation. If the violation is not corrected within a reasonable length of time, additional fines of $10 per day will be imposed for each day that the violation continues. To the extent permitted by law and/or the Governing Documents, the Association shall be entitled to reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy.
    2. If any Device installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit the installation or seek removal of the installation.

11. Severability
    • The provisions of these Rules for Installation of Devices within Lots are severable and the invalidity of one or more of the provisions shall not affect the validity or enforceability of any other provisions.

This Resolution was adopted at a regular meeting of the Board of Directors of Alden Glen Community Association on March 16, 2004; it was approved by the Board, signed by David Magnet, President of the Board of Directors and certified to by Mark Fox, Secretary of the Board of Directors.