SATELLITE DISHES & AERIAL ANTENNAS--PERMITTED USES
These rules are adopted by the Board of Directors of
Royale Sands Beach Club Condominium Association, on December 18, 1999,
effective December 18, 1999.
WHEREAS, the Royale Sands Beach Club Condominium
Association ("Association") is responsible for governance and
maintenance of the association community ("Community"); and
WHEREAS, the Association exists pursuant to New
Hampshire R.S.A. 356B-56 and the Declaration and By-laws; and
WHEREAS, the Board of Directors is authorized to
adopt and enforce reasonable rules and regulations in the interests of the
Community, pursuant to the Declaration of Condominium, Article VII, Section
WHEREAS, the Federal Communications Commission
("FCC") adopted a rule effective October 14, 1996, and amended
effective January 4 and 22 and February 16, 1999, preempting certain
association restrictions on the installation, maintenance, and use of direct
broadcast satellite, television broadcast, and multipoint distribution
service antennas ("Covered Antennas"); and
WHEREAS, the Board of Directors wishes to adopt
reasonable restrictions governing installation, maintenance, and use of
antennas in the best interests of the Community and consistent with the FCC
NOW, THEREFORE, the Board of Directors votes and
adopts the following rules and restrictions for the Community, which shall
be binding upon all owners and residents and their grantees, lessees,
tenants, occupants, successors, heirs, and assigns and which shall supersede
any previously adopted rules on the same subject matter.
A. Antenna: any device used for the transmission and
receipt of video or audio services, including direct broadcast satellite
(DBS), television broadcast, and multipoint distribution service (MDS). A
mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other
accessories necessary for the proper installation, maintenance, and use of
a reception antenna shall be considered part of the antenna.
B. Covered Antenna: an Antenna covered by the FCC’s
Over-the-Air Reception Devices (OTARD) Rule.
C. Central Antenna System: an antenna system installed
by the Association to serve more than one resident simultaneously.
D. Common Property: property owned by all unit owners
jointly, as defined in the Declaration of Condominium recorded at the
Rockingham County Registry of Deeds, Book 2568, Page 1740.
E. Exclusive Use Area: area (and airspace) in which the
owner has a direct or indirect ownership interest and which is designated
for the exclusive use of the owner as defined in the Declaration of
Condominium, Section I, Paragraph 3.
F. Individual Antenna: Antenna installed by one
Resident for reception by that Resident.
G. Individually Owned Property: property defined in a
recorded deed and the Declaration of Condominium, as being owned solely by
the Resident, regardless of whether the Association has maintenance
responsibility for that property.
H. Mast: Structure to which an Antenna is attached that
raises the Antenna height to enable the Antenna to receive
I. Resident: any person residing in the Association.
J. Transmission-Only Antenna: An Antenna that has
limited transmission capability and is designed for the Resident to select
or use video programming.
II. Antenna Size and Type
Subject to criteria detailed elsewhere in these rules,
the following are Covered Antennas and may be installed:
1. Antennas designed to receive Direct Broadcast
Satellite (DBS) service that are 39.4 inches (1 meter) or less in
diameter may be installed. DBS antennas larger than 39.4 inches (1
meter) are prohibited.
2. Antennas designed to receive Multipoint
Distribution Service (MDS) that are 39.4 inches (1 meter) or less in
diameter. MDS antennas larger than 39.4 inches (1 meter) are
3. Antennas designed to receive television broadcast
signals, regardless of size.
4. Transmission-Only Antennas that are necessary for
the use of Covered Antennas.
5. Masts that are required for the installation of
6. All other Antennas (including amateur or ham radio
antennas) not covered by the FCC’s Over-the-Air Reception Devices Rule
as amended are prohibited.
III. General Rules
A. Residents may install Covered Antennas according to
the following rules, provided that these rules do not unreasonably delay
Covered Antenna installation, maintenance, or use; unreasonably increase
the cost of Covered Antenna installation, maintenance, or use; or preclude
reception of acceptable-quality signals from Covered Antennas.
1. Covered Antennas shall be installed solely on
Individually Owned Property or Exclusive-Use Areas, as designated in the
Declaration of Condominium defining the portions of Common Property,
limited common elements, or Individually Owned Property. Installation of
Covered Antennas on a limited common element does not convert the
limited common element to Individually Owned Property.
2. Television broadcast Covered Antennas must be
installed inside a unit whenever possible.
3. Covered Antennas shall not encroach upon any
Common Property, any other Resident’s Individually Owned property or
Exclusive-Use Area, Common Property airspace, or the airspace of another
Resident’s Individually Owned or Exclusive-Use Area.
4. Covered Antennas shall be located in a place
shielded from view from other units or homes, from streets, or from
outside the Community to the maximum extent possible. If Covered
Antennas can receive acceptable-quality signals from more than one
location, then Covered Antennas must be located in the least visible
preferred location. This section does not permit installation on Common
Property, even if an acceptable-quality signal cannot be received from
an Individually Owned or Exclusive-Use Area.
5. If an installation cannot comply with the previous
section because the installation would unreasonably delay, unreasonably
increase the cost, or preclude reception of acceptable-quality signals,
the Resident must ensure that the installation location is as close to a
conforming location as possible. The Association may request an
explanation of why the nonconforming location is necessary.
1. Covered Antennas shall be neither larger nor
installed higher than is absolutely necessary for reception of an
2. All installations shall be completed so that they
do not materially damage any property in the Community, or void any
warranties of the Community or other Residents, or in any way impair the
integrity of any building in the Community.
3. A Resident is not required to hire a professional
antenna installer. However, any installer other than the Resident shall
employ qualified personnel to install the Covered Antenna and shall
provide the Association with an insurance certificate listing the
Association as a named insured prior to installation. Insurance shall
meet the following minimum limits:
Contractor’s general liability (including completed
operations): $1 million.
The purpose of this regulation is to ensure that
Covered Antennas are installed in a manner that complies with building
and safety codes and manufacturer’s instructions. Improper
installation could cause damage to structures, posing a potential safety
hazard to association residents and personnel.
4. Covered Antennas must be secured so that they do
not jeopardize the soundness or safety of any structure or the safety of
any person at or near the Covered Antennas, or cause property damage,
including damage from wind velocity.
5. Residents are liable for any personal injury or
damage occurring to Community Common Property or other Residents’
Individually Owned Property or Exclusive-Use Areas arising from
installation, maintenance, or use of a Covered Antenna, and shall pay
the costs to
Repair damages to the Common Property, other
Residents’ Individually Owned Property or Exclusive-Use Areas and any
other property damaged by Covered Antenna installation, maintenance, or
Pay medical expenses incurred by persons injured by
Covered Antenna installation, maintenance, or use; and
Reimburse residents or the Association for damages
caused by Covered Antenna installation, maintenance, or use.
6. A Resident installing a Covered Antenna shall
indemnify the Association against injury or loss caused by the Covered
D. Installation on Exclusive-Use Areas (for condominium
and cooperative associations)
There shall be no penetrations of exterior areas of the
building to install, use, or maintain Covered Antennas. The following
devices shall be used whenever possible:
Devices that permit the transmission of
telecommunications signals through a glass pane without cutting or
drilling a hole through the glass pane or other Common Property;
Devices such as ribbon cable that permit the
transmission of telecommunications signals into a residence through a
window or door without penetrating the wall; or
Existing wiring for transmitting telecommunications
signals and cable services signals.
1. Residents shall not permit their Covered Antennas
to fall into disrepair or to become a safety hazard. Residents shall be
responsible for Covered Antenna maintenance, repair, and replacement,
and the correction of any safety hazard within thirty days after
notification of the need for repair.
2. If Covered Antennas detach, Residents shall remove
the Antennas or repair such detachment within seventy-two hours of the
detachment. If the detachment threatens safety, the Association may
remove Covered Antennas at the expense of the Resident.
3. Residents shall be responsible for Covered Antenna
maintenance if the exterior surfaces of the Covered Antennas
4. If the Resident does not correct a safety hazard
within thirty days after notification, the Association may enter onto
the property to repair the Covered Antenna. Any repair expense will be
charged to the Resident.
5. If a Covered Antenna is not properly maintained,
the Resident shall be responsible for any personal injury or property
damage to Common Property or another Resident’s Individually Owned
Property and shall indemnify the Association for any personal injury or
F. Covered Antenna Camouflaging
1. Covered Antennas shall be neutral in color or
painted to match the color of the structure (wall, railing) on which
they are installed.
2. Covered Antennas installed on the ground and
visible from the street or other Residents’ Individually Owned or
Exclusive-Use Areas must be camouflaged. A covered antenna preferably
should be camouflaged by existing landscaping or screening. If existing
landscaping will not adequately camouflage the Covered Antenna, then the
Association may require additional camouflage. If the camouflaging will
cause an unreasonable cost increase, then the Association has the option
to pay for additional camouflaging.
3. Exterior Covered Antenna wiring shall be installed
so as to be minimally visible and blend into the material to which it is
Because the Association has a legitimate safety
interest in preventing personal injury or property damage occurring due to
improper or unsafe Covered Antenna installation, Residents must follow the
listed safety guidelines:
A. Covered Antennas shall be installed and secured in a
manner that complies with all applicable codes, safety ordinances, city
and state laws and regulations, and manufacturer’s instructions. If a
Resident must obtain a permit in compliance with a valid safety law or
ordinance, then the Resident shall provide a copy of that permit to the
Association before installation. The purpose of this rule is to ensure
that Covered Antennas are installed safely and securely, and to minimize
the possibility of detachment and resulting personal injury or property
B. Unless the above-cited codes, safety ordinances,
laws, and regulations require a greater separation, Covered Antennas shall
not be placed within 10 feet of electrical power lines (above-ground or
buried) and in no event shall Covered Antennas be placed where they may
come into contact with electrical power lines. The purpose of this
requirement is to prevent injury or damage resulting from Covered Antenna
contact with power lines.
C. Covered Antennas shall not obstruct access to or
exit from any doorway or window of a unit, walkway, ingress or egress,
electrical service equipment, water shut-off valves, or any other areas
necessary for the safe operation of the Community. The purpose of this
requirement is to ensure the safe ingress or egress of association
residents and personnel, and to ensure safe and easy access to the
association’s physical plant.
D. To prevent electrical and fire damage, Covered
Antennas shall be permanently and effectively grounded.
E. To prevent detachment during a storm, Covered
Antennas shall be installed to withstand wind speeds of 70 mph.
F. To prevent roof damage and possible resultant
personal injury, Covered Antennas shall be attached to withstand the
pressure of snow and ice.
V. Number of Covered Antennas
No more than one Covered Antenna providing the same
service from the same provider may be installed by a Resident.
VI. Association Use of Common Property for Covered Antenna Installation
A. The Association may choose to set aside a portion of
Common Property for the installation of a Central Antenna System to
receive telecommunications signals. If the Association chooses to install
a Central Antenna System, the Association may prohibit Individual Antenna
installations provided that the following conditions are met:
1. The Central Antenna System offers the same service
from the same provider as the Individual Antenna;
2. The proportionate costs for both Central Antenna
System installation and signal reception (including any service fees)
must be equal to or lower than costs for installation and service of an
3. The quality of signals received from the Central
Antenna System is equal to or better than that of signals received from
Individual Antennas; and
4. There is no unreasonable delay in receiving the
B. If the Association installs a Central Antenna
System, it may order the removal of Individual Antennas provided that the
Association pays for the removal of the Individual Antennas and reimburses
the Residents the value of the Individual Antennas.
VII. Mast Installation
A. Mast height may be no higher than absolutely
necessary to receive acceptable-quality signals.
B. Masts extending 12 feet or less beyond the roofline
may be installed on Individually Owned or Exclusive-Use Area property,
subject to the regular notification process (see below). Masts that extend
more than 12 feet above the roofline or are installed nearer to the lot
line than the total height of the Mast and Covered Antenna above the roof
must be preapproved due to safety concerns posed by wind loads and the
risk of falling Covered Antennas and Masts. Any application for a Mast
higher than 12 feet must include a description of the Covered Antenna and
the Mast, the location of Mast and Covered Antenna installation, a
description of the means and method of installation, including any
manufacturer specifications, and an explanation of the necessity for a
Mast higher than 12 feet. If this installation will pose a safety hazard
to association residents and personnel, then the Association may prohibit
such installation. The notice of rejection shall specify these safety
C. Since Masts extending more than 12 feet above the
roofline pose risks of personal injury and damage to Common and other
Residents’ Individually Owned Property or Exclusive Use Areas, these
Masts shall be installed by an insured Covered Antenna installer to ensure
proper and secure installation.
D. Masts must be painted the appropriate color to match
E. Masts shall not be installed nearer to electric
power lines than a distance equal to the total height of the Mast and
Covered Antenna above the roof. The purpose of this regulation is to avoid
damage to electric power lines if the mast should fall in a storm.
F. Masts shall not encroach upon Common Property or
another Resident’s Individually Owned or Exclusive-Use Areas.
G. To prevent personal injury and property damage,
Masts must be installed to safely withstand environmental conditions
natural to Association’s location.
VIII. Covered Antenna Removal
Covered Antenna removal requires restoration of the
installation location and any other affected locations, if any, to their
original condition. Residents shall be responsible for all costs relating
to restoration of these areas.
IX. Association Maintenance of Locations upon Which Covered Antennas Are
A. If Covered Antennas are installed on property that
is maintained by the Association, the Residents retain responsibility for
Covered Antenna maintenance. Covered Antennas must not be installed in a
manner that will result in increased maintenance costs for the Association
or for other Residents. If increased maintenance or damage occurs,
Residents are responsible for all such costs.
B. If maintenance requires the temporary removal of
Covered Antennas, the Association shall provide Residents with ten-days’
written notice. Residents shall be responsible for removing or relocating
Covered Antennas before maintenance begins and replacing Covered Antennas
afterward. If they are not removed in the required time, then the
Association may do so, at the Residents’ expense. The Association is not
liable for any damage to Covered Antennas caused by Association removal.
The Association is not responsible for reinstalling Covered Antennas.
C. If Covered Antennas pose immediate threats to
Association Residents and personnel or property, then the Association has
the right to remove Covered Antennas. The Association is not liable for
any damage to Covered Antennas caused by this removal.
X. Notification Process
A. Any Resident desiring to install a Covered Antenna
must complete a notification form and submit it to the Board of Directors,
care of 581 Ocean Blvd., Box 8, Hampton, NH 03842. The installation may
then begin immediately. The purpose of the notification process is to
allow the Association to provide Covered Antenna installation rules and
other information to Residents, to know if a person other than the
Resident will be entering the community for Covered Antenna installation,
and to determine whether the installation could pose a safety hazard.
B. The Association may hire an independent contractor
to determine whether an installation in a non-conforming location is
necessary. If the independent contractor finds that installation in a
conforming location is possible, then the Resident will be required to
relocate the Covered Antenna.
XI. Installation by Tenants
These rules shall apply in all respects to all
Residents, whether owners or tenants.
A. If these rules are violated, the Association, after
providing the Resident with notice and opportunity to be heard, may bring
action for declaratory relief with the FCC or any court of competent
jurisdiction. If the court or FCC determines that the Association rules
are enforceable, a fine of $50 shall be imposed by the Association for
each violation twenty-one days after the Association rules have been
validated, unless the rules had previously been validated and the Resident
does not contest the rules’ application to his or her particular
situation. In this situation, the Association will fine the Resident
immediately upon revalidation of the rules. If the violation is not
corrected within a reasonable length of time, additional fines of $10 per
day will be imposed for each day that the violation continues.
B. If permitted in Association documents or by state
statute, attorneys’ fees may be collected for any work done after the
Association rules have been validated by the FCC or a local court.
C. If Covered Antenna installation poses a serious,
immediate safety hazard, the Association may seek injunctive relief to
prohibit the installation or seek removal of the installation.
If any of these provisions is ruled to be invalid, the
remainder of these rules shall remain in full force and effect.