THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: SATURDAY, June 11, 1994 TAG: 9406090370
SECTION: REAL ESTATE WEEKLY PAGE: 20 EDITION: FINAL
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN
DATELINE: 940611 LENGTH: Medium
Now, we want to put a satellite dish on our property, but the board turned us down, saying our fence is too low. The covenants say we must have a 6-foot fence in order to have a satellite dish.
{REST} The only way the board will let us put a dish on our property is if we replace our original fence with a higher one. We don't want to do this; 6-foot fences are ugly and would shut us off from our neighbors.
What can we do? Where does the homeowner's association draw its legal authority and power to enforce a rule like this?
We bought the property, but others are telling us what we can and cannot do with it.
A. Once again, the conflict over property rights raises its head. This issue probaly results in more misunderstandings in a community than any other.
You have three ways to handle your case:
Accept and comply with the rules.
Get enough owners together and change the rules.
Sell your home and move to a community without such deed restrictions.
A community association's board of directors draws its power to make and enforce rules from the declaration. You agreed to abide by this document when you bought a home in the community.
Generally, the documents also allow the board to adopt additional rules that clarify and describe the architectural guidelines to all owners. The board is required to notify all owners of such new rules, and it must enforce them uniformly.
Many associations specifically prohibit any type of exterior antenna, including those for televisions, ham radios and CBs. The goal is to eliminate visual pollution.
Your right to own a satellite dish in your community is subject to what seems a reasonable restriction. Several legal decisions have upheld similar restrictions.
Perhaps you have not explored all the options. Check with a local dealer to see if you can buy satellite dishes shaped like patio umbrellas or tables.
Remember, by buying in a community association, you agree to give up certain rights to maintain the community's overall appearance.
If none of these options appeals to you, check your documents to see what is needed to change the rule. Then organize the necessary papers and signatures.
If you do this propery, a change in the rule can be made part of the declaration. The change would then become binding on all owners, the board of directors and the architectural committee.
by CNB