Legal Question in Real Estate Law in California
We recently received a �blanket� letter from our HOA that our satellite dish is in violation of CCRs and that we must take action at our cost to correct it or face fines. However, we have had this dish for 6 years and were approved for its installation, in writing, by the HOA (we kept the document). The requirements for installation at that time were much less restrictive than those included in the recent letter (direct from the CCRs). We want to tell the HOA that our installation is in full compliance with their approval then (it is) and that any cost to change the installation is their responsibility. Are we right?
3 Answers from Attorneys
Yes. Also, local satellite dish regulations are often pre-empted by FCC rules. Your satellite TV provider's web site may have useful info.
In addition to what Mr. Stone provided, I think any lawyer here would have problems with a HOA unilaterally altering the CC&R's after you purchased property subject to older, existing CC&R's.
It doesn't sound to me like they changed the CC&R's, but rather did not fully enforce them when your dish was first approved and now are trying to enforce them to the letter. You are right that they cannot do that. An HOA cannot approve a variance from the CC&Rs;and then take it back later, unless they reserved the right to do so in the original approval.
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