COLUMN: Satellite dish installation raises concerns

Q. I have heard that associations cannot prohibit the installation of satellite dishes on property that is within the owner's "exclusive ownership, use or control." I have seen free-standing dishes on patios at our condominium complex, and they do not appear to be attached to any common area. Because patios are for the exclusive use of residents, does the board have the right to prevent residents from storing certain items or installing dishes there?

My next concern is that not all residents at my complex are free to install the dishes on their patios. It is my understanding that the dishes must face the southeast to get reception, but some patios face other directions.

Also, what happens to residents who have installed these dishes without board approval?

A. Satellite dish companies would like you to believe that the association has no control over satellite dishes. That is not the case.

First, homeowners within community associations must seek approval to install satellite dishes from their boards before installation, and boards must process these requests in a timely manner.

Boards can require that the dishes be no taller than 18 inches, and they can set location and color restrictions. As for location, as long as it will not significantly affect the quality of the transmission and as long as the cost to install at that location is reasonable and customary, the board can regulate where the dish is installed.

Satellite dishes can be prohibited on association common property. For example, in a complex where the association owns the roof, you would have to seek permission from the board, which could be denied. In many governing documents, patios are considered an "exclusive area" which means that the association may establish rules and regulations over their use.

Your association should send architectural request forms to those owners who did not seek approval so that for the record, the board can approve them. For owners who cannot install dishes on their patios, the board should find a place where they may install them.

Q. Because I am a snowbird and do not live in my Las Vegas condominium for seven months of the year, I have made three written requests and several telephone requests for copies of the minutes from our management company. I have offered to pay for the copies, but have had no luck. Is there anything that I can do to receive the minutes automatically?

A. There is no valid reason why the management company cannot send you copies of the minutes. They can estimate a cost to you if you wish to receive them on a monthly basis. There is no legal provision in the state law for automatic delivery of minutes to a homeowner.

Assuming that the board is unaware of the problem, you may want to address the issue at a board meeting during the homeowner forum.

If they cannot or will not assist you, then contact the Nevada Real Estate Division and ask for enforcement. The division has authority over real estate licensees and companies with a property management permit and people who have an association certificate. The division can then contact the agent or owner of the company to assist you with this compliance issue.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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