BELLA VISTA BAY CONDOMINIUM ASSOCIATION

TELEVISION/RADIO/COMMUNICATIONS SATELLITE, DISH, ANTENNA, AND

RECEIVER POLICY (Over-The-Air-Reception-Device Policy)
April 2013
OVERVIEW
The following policy is being added to our existing Association Bylaws to govern all Television, Radio, and
Communications Satellite, Dish, Antennas and Receivers of any kind (hereby referred to as over-the-airreception-devices) that are placed on, at, or reside at the property of Bella Vista Bay Condominium project.
This policy seeks to address concerns of accessibility and availability, as well as issues of aesthetics, safety,
and building and grounds integrity.
GOVERNANCE & APPLICATION
This rule applies to and governs all owners, residents, renters, and guests at Bella Vista Bay
Condominiums. Its application is universal, equal, and governs over-the-air-reception-devices already
installed on the complex and those to be installed in the future. There are no exceptions to these rules and
no exception will or may be granted.
RULES COMMUNITY COMPLIANCE
This rule was drafted in cooperation and consultation with Cannon Township, Legal Counsel for Bella Vista
Bay Condominiums, the owners of Bella Vista Bay Condominium Association, and with compliance to
Federal Communications Commission (FCC) Rule 47 C.F.R. Section 1.4000 governing Over-the-AirReception-Devices.
ALL RESIDENTS ARE ENCOURAGED TO CAREFULLY READ THE FEDERAL RULE FIRST:
READ THIS FIRST - http://www.fcc.gov/guides/over-air-reception-devices-rule.
BELLA VISTA BAY CONDOMINIUM ASSOCATION RULES GOVERNING
TELEVISION/RADIO/COMMUNICATIONS SATELLITE DISH, ANTENNA & RECEIVER POLICY
SECTION 1 - Rules Governing Right to Install and Own
1. Bella Vista Bay Condominium Association (also known as the Association) recognizes its obligations
under Federal Rule 47 as stated:
FCC Rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits
restrictions that impair the installation, maintenance or use of antennas used to receive video
programming. The rule applies to video antennas including direct-to-home satellite dishes that are
less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless
cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent
installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or
use; or (3) preclude reception of an acceptable quality signal.

SECTION 2 - Rules Governing Restrictions

2. The Association also recognizes the applicability of Rule 47 concerning legitimate restrictions:
FCC Rule (47 C.F.R. Section 1.4000) The rule applies to individuals who place antennas that meet
size limitations on property that they own or rent and that is within their exclusive use or
control, including condominium owners and cooperative owners, and tenants who have an area
where they have exclusive use, such as a balcony or patio, in which to install the antenna.
The rule applies to townhomes and manufactured homes, as well as to single family homes.

2.1 The Association understands the above to mean that all residents at Bella Vista Bay
Condominiums have a right to install reception devices on their exclusive-use property related to
their individual unit this means the property foot print contained within the four exterior
walls of the unit and the patio or balcony and NOT on property that is considered/designated
as common areas or limited common areas at the complex, according to the Master Deed and
Bylaws.
2.2 The Association recognizes that not all owners and residents will be able to install an overthe-air-reception-device that has adequate reception and it is not the responsibility of the
Association to provide a means to obtaining these conditions:
FCC Rule (47 C.F.R. Section 1.4000) The condominium is not obligated to provide a place for you
to install an antenna if you do not have an exclusive use area.

SECTION 3 - Rules Outlining Specific Restrictions

3. The Association will enact and enforce regulations and restrictions in compliance with Rule 47:
FCC Rule (47 C.F.R. Section 1.4000) The rule allows local governments, community associations
and landlords to enforce restrictions that do not impair the installation, maintenance or use of the
types of antennas described above, as well as restrictions needed for safety or historic
preservation. Under some circumstances where a central or common antenna is available, a
community association or landlord may restrict the installation of individual antennas. The rule
does not apply to common areas that are owned by a landlord, a community association, or
jointly by condominium or cooperative owners where the antenna user does not have an
exclusive use area. Such common areas may include the roof or exterior wall of a multiple
dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are
enforceable.

3.1 Given the above permissible exemptions, the Association hereby prohibits the installation,
placement, or use of all over-the-air-reception devices on common areas and limited common
areas at Bella Vista Bay Condominiums as designated by the Project Master Deed and Association
Bylaws, including:
3.1a EXTERIOR WALLS: No reception device may use or be attached to in any manner to the
exterior walls of any building at Bella Vista Bay.
3.1b ROOFING: No reception device may use or be attached to in any manner to the roofs of
any building at Bella Vista Bay.

3.1c CONNECTION DEVICES: No reception device may touch, be placed upon, or have poles,
extensions, devices, machinery, or wiring run under or through, or over any of the exterior walls or
roofing of any of the buildings at Bella Vista Bay.
3.1d GROUNDS & LANDSCAPING: No reception device may touch, be placed upon, or have
poles, extensions, devices, machinery, or wiring run under or through, or over any of the lawn,
grounds, garden beds, or exterior landscaping at the Bella Vista Bay project.
SECTION 4 - Rules Governing Appearance
4. In addition, the Association enacts and enforces the following rules governing the installation and
placement of over-the-air-reception-devices on patio and balconies:
4.1 The device may not exceed height restrictions of 5 feet tall including base, fixtures, poles, and
extensions.
4.2 The device must match, as closely as possible, the exterior color of the buildings.
4.3 The device must not be installed in such a manner as to be construed a safety hazard for the
Association. The determination of safety hazard will be reached by an independent third party
inspector provided by the local township and/or fire department.
4.4 The device must be fully and completely limited to the allotted patio or balcony area as
designated in the Master Deed and Association Bylaws.
4.5 All devices must be placed on the patio or balcony itself and not the railing (which constitutes a
safety hazard). A platform or rise may be used to elevate the device above the railing, but may not
exceed 5 feet in total height.
SECTION 5 Enforcement & Appeal
5. The Association maintains the right to enforce all aspects and sections of this rule via the Board
of Directors and any agent the board deems as a valid representative of the Association.
5.1 The Association reserves the right to fine and assess owners not in compliance with the above.
Compliance actions may also include legal-judicial remedies as well as foreclosure of the property
in question. All legal and administrative fees and costs in conjunction with these actions will be
levied in the form of an assessment to the resident in question.
5.2 Residents seeking to appeal a decision of the Board of Directors must first appeal directly to
the board itself. If satisfaction is not obtained, they may appeal directly to the FCC.
5.3 All legal and administrative fees and costs in relation to unsuccessful resident appeals will be
levied in the form of an assessment to the resident in question.
SECTION 6 Board Consultation

6. All residents at Bella Vista Bay are highly encouraged to first consult with the Board of Directors
before installing an over-the-air-reception-device.
6.1 The Board of Directors will work with all residents seeking an over-the-air-reception-device
within the confines and specifications of the stated rules.
SECTION 7 - RULES SUMMARY
7. According to the above rule, in compliance with Federal Communications Commission Rule 47
C.F.R. Section 1.4000 the following summary can be made:
7.1 Residents at Bella Vista Bay are permitted to install over-the-air-reception-devices on their
limited use property footprint meaning, for all practical purposes, only on their balcony or patio.
7.2 Residents at Bella Vista Bay must comply with all the rules stated above, without exception.
Ignorance of the rules is not deemed an exception. No existing devices will be grandfathered in or
permitted an exception.
7.3 Due to the necessity for many over-the-air-reception-devices to have clear access to certain
directions in open sky, not all residents at Bella Vista Bay will be able to install functional over-theair-reception-devices. The Association has no obligation to provide residents with the means to
obtain working conditions.
7.4 Residents at Bella Vista Bay who violate any of the rules regarding over-the-air-receptiondevices will be forced to comply and may face associated fines and fees.