Quote:
Originally Posted by Poison
Thats the thing i dont have a balcony to put it on, ok so if im resigned to taking it down my question is this.
Can they have any issue with anything i do in my backyard?
Im really feeling like being a complete a$$ if they dont want to compromise and putting up the ugliest post in the middle of it and mounting my dish to that, do the bylaws stretch to my backyard????
I havent asked yet but i was thinking about putting it on the fence as well, which really should not be an issue as it is very old and scheduled to be replaced in the spring next year, but i have the feeling they are just going to reject anything i want to compromise on thus the backyard question.
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Condo bylaws are typically ironclad when it comes to use & occupancy restrictions, so you will definitely lose the battle to have it on the roof 11 times out of 10 if you even bother to try. As for mounting it on the fence, that is also common property so it's definitely no better than the roof.
As for whoever mentioned the American FCC ruling, no court in Alberta would be on your side if you wanted a satellite dish bad enough to take your condo board to court, even your lawyer would laugh at the free money you're offering him if you mentioned this to him. The premise of buying a condo in Alberta is that you're buying into this "club" because you like the type of lifestyle that the bylaws are designed to provide, that's why you're provided a chance to review the documents before you buy, whether resale or new. Saying that you thought it was ok or that you didn't know the bylaw existed will not cut it as a valid defense.
Now you might get away with mounting it on a post in your backyard, but that would depend on how picky your board is. Without looking at your condo plan, I would hazard a guess that you are in a conventional condo unit, with your backyard being common property but designated as "exclusive use" for you. Which means it's still common property and the "eyesore" bylaw(s) still apply.
I know some boards are not as picky as long as you don't actually screw anything onto fences/walls/roofs etc. You may even consider mounting it on a tripod as I've seen some townhouse owners do. But as with anything else that might contravene your condo bylaws, try at your own risk, and be prepared to comply when you are asked to switch to cable or find a new home.
As a final note, if you decide not to pay for the roof repair, the board will likely place a caveat on your title and/or bill your mortgage issuer for the funds plus interest. So it is definitely in your best interest to settle this bill ASAP.