HOA fines homeowner $750 for a satellite dish, he proves he's in the right and that they're actually breaking the law, fine gets removed 4 days later: ‘They didn't follow their own rules.'

Another day, another HOA thinking they can do whatever they want. Luckily, on this day, the HOA got a dose of their own medicine when a homeowner fought back. 

He almost just paid the fine without thinking about it because battling your HOA on anything is always annoying. However, on this day, he decided to take a stand. He dove into researching his rights and laws around his HOA. He not only found out that his fine was complete bogus, but he also found out that his HOA was violating their own laws! Four days later, they dropped the fine "as a courtesy." "lol, sure, courtesy," he writes. We all know they were shaking in their boots after realizing they were dealing with a homeowner who actually reads the fine print. 

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  • Guy looking through paperwork in his backyard, using a laptop computer
    via Unsplash+ (A.C.)

    Image is representative only and does not depict the actual subjects of the story.
    Guy looking through paperwork in his backyard, using a laptop computer

  • "My HOA tried to fine me $750 for a satellite dish. I got it thrown out in 4 days."

    honestly i've been lurking here for months reading all the horror stories and never thought i'd actually have my own but here we go got a letter in january saying i owed $750 for "unauthorized exterior modification" - it was a directv dish.
    via Current_Lab_1184
  • like a normal satellite dish on my back patio. been there since i moved in 2 years ago and nobody said anything until now my first instinct was to just pay it because fighting your HOA sounds exhausting.
    via Current_Lab_1184
  • but $750??? for a satellite dish??? so i started digging turns out there's an FCC rule called OTARD (47 CFR 1.4000) that literally makes it illegal for HOAs to ban satellite dishes under 1 meter.
    via Current_Lab_1184
  • like it doesn't matter what your CC&Rs say. federal law overrides it. i had no idea this existed but here's the thing that actually won it i didn't just cite the federal law.
    via Current_Lab_1184
  • i pulled my CC&Rs and found that they require 30 days written notice via certified mail before any fine.
    via Current_Lab_1184
  • they sent me a regular letter dated 12 days before the fine hit my account. so even IF the dish was a legit violation wasn't), the fine was procedurally defective because they didn't follow their own rules sent a one page letter citing both things.
    via Current_Lab_1184
  • got a call 4 days later saying the fine was "removed as a courtesy." lol sure.
    via Current_Lab_1184
  • courtesy. the biggest thing i learned: it's almost never about whether you actually violated something. it's about whether your HOA followed their own process.
    via Current_Lab_1184
  • most of them don't. they skip notice requirements, they don't offer hearings, they charge amounts that aren't in the fine schedule.
    via Current_Lab_1184
  • every one of those is a procedural defect you can use check your CC&Rs people. actually read the enforcement section.
    via Current_Lab_1184
  • i know it's boring as h I but that's where the ammo is
    via Current_Lab_1184
  • Satellite dish on the side of a home in a nice suburban neighborhood
    via Unsplash+ (Nathan Bang)

    Image is representative only and does not depict the actual subjects of the story.
    Satellite dish on the side of a home in a nice suburban neighborhood 

  • We applaud this man and his encouragement of others to do what he did. Yes, reading arduous paperwork is boring, but that's what they're banking on you thinking. The people in charge are hoping you don't want to read the fine print that actually gives you rights. They want you to get sleepy and just pay them without thinking. I'm not trying to start a conspiracy theory here, I'm just pointing out the obvious. It's obvious in this HOA story and obvious in many others. HOAs were initially created to help keep a community happy and in order. Unfortunately, that has changed for many HOAs down the line as they have been infiltrated by entitled and greedy leaders. We all should make sure we know our rights and stand up to these kinds of boards as this guy did! 

  • JJHall_ID I used to install DirecTV years ago. I carried copies of the OTARD law in my pickup so whenever a HOA busybody approached me to tell me "You can't put that there" I told them Federal law says I can, then I gave the paper to the homeowner to use if they HOA tried to fine them. The HOA can specify that the dish be installed in a location not visible from the street if possible, however NEC (electrical code) specifies that the dish must be grounded to the building's central grounding poin
    via JJHall_ID
  • DrewXGemini "Courtesy". Gtfoh. Good on you. That sounds desperate for money.
    via DrewXGemini
  • cervidal2 Keep fighting. '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.
    via cervidal2
  • WyoGrads Email them back and get them to reply to your letter officially so you can document the rationale.
    via WyoGrads
  • Edith_Keelers_Shoes 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. There's frequently some version of that in CCRs.
    via Edith_Keelers_Shoes
  • iconmotocbr My pity self would have responded something along the lines of "for the record, this is removed as it is invalid and violation of federal statue. Not out of courtesy. As such, next time escalation will be warranted."
    via iconmotocbr
  • YonderingWolf If you have a power hungry authoritarian boards member, then your troubles may have just begun. That "fine" is something you need to document ad keep, as a record. Take screen shots and/or pictures and save them to at least three different places. Making one of those a hard copy in a file folder or a binder of some sort. Knowing the CC&R's are only a part of the deal, also knowing the laws for the state, county, and municipality where you live, regarding H.O.A.s, is also equally im
    via YonderingWolf
  • souldogringo My brother did the same thing. Then they tried to get him for parking on the street overnight. He then drove around about every other night taking pictures all over the neighborhood of others parking on the street. Apparently you have to enforce equally not just because you're p ed off that you had the law on your side about your satellite dish.
    via souldogringo

  • So what did we learn from this story? I'd say the number one lesson is that if you're going to buy a home, make sure it's not in an HOA-run community! 

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