Legal Question in Real Estate Law in California
We got permission for a satellite dish and are now being asked to take it down
According to the HOA rules for our Condo we were required to get permission before installing a satellite dish. We followed procedure and were granted permission in writing to install the satellite dish.
The permission letter states that the dish must be mounted on the fascia board and not on the roof or stucco. We gave the letter to the installer and he mounted it on the fascia board as stated in the letter.
2 weeks later we got a letter in the mail stating that the dish must be moved to the inner fascia board (on the roof) and cannot be on the outer fascia board where it currently resides.
We have no problem moving the dish since up on the roof will provide better reception but it will cost us $100. I dont think we should be liable for the moving of the dish since we have written approval to install the dish on the fascia board.
We need some advice!
3 Answers from Attorneys
Re: We got permission for a satellite dish and are now being asked to take it do
Ask the homeowners association where you can send the bill for the additional labor for them to pay.
Re: We got permission for a satellite dish and are now being asked to take it do
I agree with Mr. Koenen. And if they don't agree with your demand, pay the bill and take them to small claims court.
Re: We got permission for a satellite dish and are now being asked to take it do
This is something that should be settled between the homeowners association yourself. their word though rules. Their direction should have been clear or you should've asked if anyone knew there were to spots where he could have been installed. If there are other satellite dishes in the condos and they are installed on the roof you're installers screwed up since he should've noticed where all of them were installed. In that case he should eat the cost of modification. Hopefully this can be done without a fight as you are going to have to live there a lot longer than the installer, and you want to keep peace and in the "condo family ".
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