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Homeowners' Association vs. Wi-Fi

Members of the ISP-Wireless list discuss a new problem for providers of wireless broadband Internet access: homeowners' associations that try to prevent subscribers from setting up anntenas.

[September 10, 2001]

On the ISP-Wireless list in August, TB asked,

"Anyone have run-ins with their homeowners' association regarding an antenna on a roof? One of our customers told his Homeowners Association board about the wonderful high speed wireless service he was getting from us, and he was informed that he should have gotten prior approval from the Architectural Review Committee.

I showed him the FCC ruling precluding the HOA from restricting him, which he forwarded to the HOA, but they didn't care. They've turned down his application for approval, and I'm worried that they will prevent others in the neighborhood from getting our service."

JM noted that the FCC rules really couldn't be clearer:

"The FCC document specifically uses high speed Internet access as an example, and later says, 'Local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited.' Just make up a nice professional document pointing out that they have no right to restrict these kind of antennas from being placed on the homeowner's property, and stating that you are willing to contact an attorney if they want to make an issue of this."

Others suggested some slightly more creative solutions:

[MC advised] "Use the FCC ruling for part of your attack, but use peer pressure for the rest. Convince a majority of the homeowners that they need your service, then have them confront the HOA with their requests. After that, step in with the FCC ruling: kind of a two-punch idea. Show them that a majority of the HOA members want it, and that if they say no, they may be forced to do it anyway."

[TI added] "Give the HOA a diversion: park an old school bus in his driveway for a week or two. When that goes away, they won't even notice the antenna!"

Still others noted that a large enough antenna could cause some issues:

[EW offered] "I showed the FCC documents to my legal advisor. She concluded that the HOA is out of luck as long as your customer doesn't breach 12 feet above roofline, and antenna size doesn't exceed one meter in diameter or one meter diagonal measurement."

[TB observed] "We try to stay at or below roofline: it will be interesting to see what will happen when Sprint starts installing in this area. From what I've seen, most of their installs are at least five feet above roofline."

KS noted one more loophole, creating problems for those in condos or duplexes:

"Be careful here, because a duplex, or a string of connected condos with the same continuous roof, may be considered a 'common area' and not for the resident's 'exclusive use'. If this guy is in a ranch style house, and he owns the house and the property around it, he should be able to put it on the roof. But in settings where you are in an apartment complex, or in condos where you have shared space such as the roof, walls, or even shared balconies, then there is nothing you can do."

—End