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We are a community of 55 owners with a community large satellite dish that was voted in 4 years ago. All has Been fine but we now have some new owners as original owners have sold. Who are insisting they have a right to put up there own dish although we have a rule that says they can't. They are also saying they are not paying for the community dish any more as they are no using it. Is this correct. .?
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As far as I am aware the Horizontal Property Act states that if there is a majority decision at a meeting all owners have to comply whether they like it or not. It would need another majority decision at the AGM to change this
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If your community has a ruling that no personal dishes are to be sited on the community, surely it will be in your property tenancy, as a regulation that tenants/owners agree to abide by, and that any resident gets when they take up occupancy, and sign a contract that they will abide by such agreements and contracts? If as Scubamike suggests, the regulation hes been majority agreed by the community, i dont see how the new tenants can say thay have the right to site a dish. If there is no tenancy contract stating this, maybe the community should have a meeting and draft a tenants contract and code of practise which all tenants and occupants should agree to and ratify?
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Under the EU Freedom of Information Act there are certain rights granted for everyone to receive news in their own language. From a brief trawl on the internet there does not seem to be an easy answer.
When my dish was installed I had intended it would go on my terrace (top floor) so as not to be visible to neighbours and not ‘affect the appearance of the new building’. My installer said as I had the right to receive news in my own language, I could put the dish on the roof, and that was what he did.
I have never had any problem with the community/administration and neither have the neighbours who put have put up a further 7 dishes adjacent to mine, which was the first one.
(When the next three neighbours wanted the same signals, as I was receiving, I had my single LMB changed to a four-way they could share my dish)
I used the same EU Directive argument with the administration of my son’s apartment when he installed a small dish, contrary to the community rules. That was about 3 years ago. They accepted the argument and since then we have had no further letters from the admin and the dish is still there.
So maybe you can install your own dish maybe you can’t
I believe that if the community had agreed that say a community dish should be installed at shared expense, that could only be changed if a majority voted against it. But I am not 100% certain, but I am sure there are ‘experts’ who will know. And others who will make a comment anyway.
This message was last edited by johnzx on 11/09/2012.
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Surely Johnzx if the community voted for and installed a communal dish for all residents to get tv signals from and their is/are channels on it that have news channels in the new residents language, surely the EU directive you mentioned is served by the communal dish and the tenants have no right, as new residents, to erect a dish of their own, as the existing serves the EU directive?
I would think surely there are channels on the communal dish in English as there are obviously other English residents watching the communal feed?
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Robert
you may well be right, but I was trying to answer the question as posted.
I would have thought that if the communal dish supplied all the signals all the owners wanted then the question of further dishes, would not have come up.
As I said, I am not an expert on the particular law. I just explained my experience.
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Johnzx i agree totally with your comments and what you mean about the legislation regarding regulations for receiving news in your own language. I think the problem as i see it is the new resident just does not want a supply from a communal dish. Normal thinking people such as you or I would think this a little strange when what you get from either aerial would be the same broadcast channels, but some individuals dont like the idea of "sharing" their facility with others. What difference this actually makes to their viewing enjoyment i really dont know, but for some reason that type of person prefer to go it alone and have their own equipment.
If it was their own house i would agree totaly with that, but as they are living in a community it is my opinion that they should abide by any rules and agreements that community enforce, and not contravene them, they are after all living in a far closer proximity to their neighbours than in a private house, and in those circumstances should be prepared to give a little, and be observing of this sort of responsibility before they buy into such a property. I really dont know why that sort of person buys into such a community if they are not prepared to fit in with the other residents
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Robert
I would assume that those who want to put up their own dish is to receive signals from a satellite other than the one that the existing dish is pointing at.
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True Johnzx, there is that likelihood, but at the same time as i say, some people distrust communal systems also even though the communal system is broadcasting the desired channels.
The other thing that comes to mind is that this scenario is from a newly emigrant English person riding roughshod over an established community, but if the community was a complex of apartments in the UK, most private or council owned have regulations regarding the siting of aerials and satellite dishes on the buildings, and similar restrictions to communities in Spain. So move to Spain and nothing really changes with regard to satellite dishes, so why do people think they can do what they like? Another case of an Englishman Abroad perhaps?
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Robert
I would rather see the best in people than assume they are being difficult or stupid.
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I do tend to agree with you there , there is good and bad in all of us, but when someone buys a communal property and all the pitfalls that may come with it, then move in, aware of any rules and regulations, and then try rocking the boat to the point of capsizing it, i would say that clearly , at best they are being difficult, and at worst they are stupid, and no amount of tolerance and understanding in any form will make the truth of that person any different. lets face it some people thrive on causing misery for others, and when they are like that i am afraid its no assumption, and i call a spade a spade!
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Robert
just because a decision was made at some time in the past does not necessarily mean that it was the best decision, time may have proved it wrong , or things may have changed which justify a new approach. For example the introduction of digital TV has affected many previous 'good decisions' which may need changing.
Thus a person suggesting a change does not necessarily make them a trouble-maker.
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With satellite the signal has for some years now been of a digital nature, analogue decoders were withdrawn some years ago for reception of most satellites available in europe, and so there is no alternative decision as the broadcast was aligned to digital no matter what apparatus you attempt to use.
The other decision that was obviously made some time ago was the majority of tenants/owners decided that they did not want unsightly satellite dishes blemishing their nice pretty apartments and was as a result a majority decision. until the majority of people want that to change, which would be by majority vote, EVERYBODY should comply, as tha decision was made by enough people for it to be adopted by all residents. The new residents should have made sure of this sort of legislation before hanging a dish off the property, and certainly enquired if they were allowed BEFORE they just casually proceeded.
You state,
"Thus a person suggesting a change does not necessarily make them a trouble-maker."
suggesting such a change does not label them as a troublemaker, but stating they will not comply with the normal agreed state of play and that they will install against other tenants wishes to me makes them a trouble maker, there is no suggestion once something is done.
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Maybe KMNicholson will come back and post the facts of his question, rather than us getting side tracked on mights, maybes and ifs.
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Good idea, and hopefully we have given him some thoughts to evaluate in dealing with his original problem
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Whilst I don't disagree with the EU Freedom of Information Act that everyone should receive news in their own language this is another law that wasn't thought through properly As a retired building surveyor I am appalled at the way the appearance of some buildings is ruined by satellite dishes of different sizes pointing in different directions happily rusting away.
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