Hello,
I currently own a condo in Calgary, and have a satellite installed on my balcony. I did so with the assurance of the builders that though it may state there are no satellites permitted, it is an old rule dating back to when dishes were huge, and it is rarely enforced.

I took a drive around Calgary and saw many condos with you guessed it, Satellite dishes up.

So I figured, this must be the case and we moved in.

Now there is apparently a board of directors, I wasn't made aware that there were even elections for this (this is a new building so I'd imagine they weren't already in place.) But low and behold I've received a letter today stating that I must remove my dish by November 4th.

I've decided that I'm going to try to contact the board of directors and pleasd my case first of all, but if that falls through I'm looking to fight against this ruling.

I figure there are likely others who may have interest in this type of thing and I'm soliciting feedback from others to attempt and fight the boards decision.

If there is any legal feedback or precident out there that may be able to assist me it would be much appreciated if you could pass it on.

So far I've found
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Condominium Plan 802-2962 vs Malinowski (August 31, 2004)

Owner Required to remove certain items stored in his exclusive use area. Owner entitled to keep satellite dish.

The owner was ordered to remove item improperly stored in his exclusive-use area (contrary to the corporation's by-laws).

The corporations' bylaws included certain restrictions application to "an antenna, an aerial and a television antenna". The court said that a satellite dish is an "an antenna, and aerial and a television antenna". However, the Court said that the satellite dish did not infringe the by-laws in this case because it was not attached to a corporate structure.
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Which seems to be supportive of keeping dishes.
Again any assistance in this matter would be appreciated.

If you have a balcony, have you considered filling a bucket with concrete, inserting a pole and attaching your dish to that. You may get around the "attached to the building" clause, and call it patio furniture or art.

you could try to disguise your dish....

Dish Camo (http://www.satellitedish.com/Page_13.htm)

there are some neat tricks to make your dish less visible,.....

It's kind of the prinicple behind the whole thing, though yeah.. as a last resort I may hide it.

This issue has come up several times before. I recommend a search to find out what others did.

...like the following:

http://www.digitalhomecanada.com/forum/showthread.php?t=24380

Well, there is some good information about mounting a dish in a bucket and such, but none really with legal precident/feedback which I'm hoping to find here in this thread.

I havn't found a thread where someone actually taken it to the next logistical level (be it mediation or court), I also did not see a thread which provided any real resolution to the initial inquiry.

Generally speaking, from my limited knowledge, I understand that the courts have typically sided with the Condo Board when it comes to disputes about rules. Prior to the purchase you were given the opportunity to review the rules. You bought knowing what the rules were. The Board is duty bound to uphold the rules and any conversations with salespeople or the builder are unreliable in any dispute as the courts always rely on what is in the written contract. This is why people fighting Condo Board Rules rarely win.

Imho, your best bet is to try to get the Board to change the rules. This will likely involve attending meetings, getting the issue raised at a meeting, and eventually having a referendum on the issue. hOWEVER, bewteen owner apathy and the typical Canadian reaction to simply follow the rules, this is going to be an uphill battle too. Better yet, go the camoflauge route simultaneously.....

"...your best bet is to try to get the Board to..."

Install common dishes for both Bev and SC and allow people to select which feed (Cable, Bev, SC) they would like sent up to their unit (*).

(*There's a hundred reason why this sometimes can't be done.)

Generally speaking, from my limited knowledge, I understand that the courts have typically sided with the Condo Board when it comes to disputes about rules. Prior to the purchase you were given the opportunity to review the rules. You bought knowing what the rules were. The Board is duty bound to uphold the rules and any conversations with salespeople or the builder are unreliable in any dispute as the courts always rely on what is in the written contract. This is why people fighting Condo Board Rules rarely win.

On this issue the variance in legislation governing the operation of strata corporations can be quite significant from province to province. Whether he has a valid legal case varies on a number of issues.

In BC, he would have a valid argument if the bylaw came into effect after he purchased. If it was not part of the bylaws contained in the disclosure statement from the builder, and the Strata Corporation had not yet incorporated new bylaws, he would likely prevail. It also depends on whether the balcony is classified as Limited Common Property or forms part of his actual apartment. In the case of the former, the Strata Corporation would have the right to impose properly constituted rules affected property actually owned by the Corporation.

Further, again in BC, since bylaws can only be passed by a 75% vote at an AGM or SGM, the rule preventing Slater from putting up his dish may not in fact be valid. I am not sure on the particulars of Alberta law, but would suggest that there is enough possible merit to his argument to justify some research.

Here in BC, when a building is built, an interim property management company is chosen by the builder (it's not really that interim since it requires a 75% vote to change management companies, but that's another point). This management company incorporates the strata corporation and includes boilerplate of strata rules. This boilerplate always (as far as I know) includes the ban on satellite dishes. Therefore, it is a standing rule and will be difficult to get rid of.

faston, I know that my bylaws did not prohibit satellite dishes until the Strata Corp passed the bylaw a few years ago. It was not in the boilerplate nor was it in the disclosure statement.

However, in my case the balconies are limited common property I cannot claim to have grandfathered ownership rights (unlike the rental limitation bylaws that were passed later).

Thanks for the feedback so far folks, it's appreciated.

I think I will attempt to hid my dish so I can at least say I am making an effort.

The thing I'm curious about those things on the site, how would they (the bushes) not cause signal loss?

That being said, couldn't I just use a made at home solution and by some fake shrubs at Canadian Tire? And stick them around the dish in a plant like fashion?

Anyone know where I could actually purchase an acceptable tripod or non penatrating roof mount?

I can't seem to find one anywhere.

AC Slater:

I went through a very similar issue in a condo here in dt Toronto. The balcony is a common element and there were restrictions with regards to satellite dishes etc. I suggest that your likely entering into a battle that you won't win, if the Board makes exceptions to rules or doesn't enforce them, they're essentially neglecting part of their job. Once my building was registered & turned over, a Board of Directors was elected. I campaigned the Board to setup a sub committee to investigate satellite for all owners. They agreed, we formed a committee, made recommendations and the Board decided not to sign an exclusive agreement with our local cable provider, but to allow the selected satellite company to offer it's services to residents, along with our cable provider. So we could choose either cable or satellite - competition and offerings between the two worked to our benefit too!

I've since sold and live in an apartment where I installed a dish on my balcony which a few dozen others have also done here. I bought a microwave type table for $40, I weighed it down in the cupbard underneath with pots, soil etc etc and mounted the dish to the top of the table which sits flush between the balcony railing and the balony slab (in a corner), I added extra support to the top of the table which the base of the dish support is screwed into and I've had no problems. I'm still downtown in a "wind tunnel" area and in almost 3 years, have had no problem with the dish moving or heaven help me, falling! A few strong wind storms of 80, maybe 90mph winds and the dish sways maybe 1 1/2" - 2" at most.

Just a few ideas for you which ever way you go.

Good luck!

Not sure who your provider is but I think Bell ExpressVu offers satellite service through your existing phone line; I even think it's offered as Condo Satellite.

Not sure who your provider is but I think Bell ExpressVu offers satellite service through your existing phone line; I even think it's offered as Condo Satellite.

Nope - this is a service the condo has to buy from BEV and you have to guarantee so many subscribers. It is only available to existing buildings easily.

My condo board won't let me attach a dish to the Chimney on my unit even if I hire a contractor to do it and post a bond for damages. They say it is permissible if it is in our exclusive use back yard and doest protude more than 5" above our 5'5" fence. Great. My backyard faces North!

I've been lobbying for 2 years now but the comment about sheep and owner apathy hits the nail on the head.

My condo is looking into getting one dish for the whole building and cabling to the ones that want the dish.

Would you like a big expensive rock sitting on your balcony?????
http://www.dish-rock.com/indexx.htm:p

hahah dish-rock., i remember seeing those a few years back. great idea.,

i wonder if htey can make some device or camoflouge a satelight dish inside a small tree or plant for yourbalcony?? htat would be SOSOSOSOSOPRO