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How to approach Management Company regards satellite errection?

  • 04-05-2010 10:20AM
    #1
    Closed Accounts Posts: 9


    Hi All,
    I have a bit of a problem here. I recently moved into an apartment building. I noticed that there are no satellite dishes in the building. But I guessed that the management wouldn't allow them on walls. My guess was right. The contract says " No exterior or interior alterations to the building", nor the erection of satellite antenna without a written consent from your landlord". I figured it looks like a do it right requirement rather than a "satellite dish ban" clause :confused:.
    I talked to the secretary of my landlord who rang management company and said something vague about put it up but use no permanent fixing so if they ask you to take it down, it wouldn't be a great deal":confused::confused: .
    Unfortunately my balcony isn't in the right direction, but I am at the end of the building where my balcony is very close to the back wall of the building (in fact at the same level). I was thinking of applying a G-clamp rather than drilling holes as I would be in breach of my contract if I did so. What do you think I should do?
    Shall I bite the bullet and try to talk to the management? They are Smith Management Co. any experiences with them in similar issues. can they argue that the wall is common grounds!!!
    Any experiences in this matter?
    Thanks everyone.
    Zoya


Comments

  • Registered Users, Registered Users 2 Posts: 276 ✭✭montgolfiere


    there are always the flat plate satellite 'dishes' they are pretty discreet
    eg. Selfsat H10D Flat plate Antenna...
    the Skyman


  • Closed Accounts Posts: 9 Zoya


    Skyman,
    Thanks very much for your reply. Do you know of such flat panel dishes that would be suitable from FTA hotbird channels?
    Thanks again,
    Zoya


  • Registered Users, Registered Users 2 Posts: 20,818 ✭✭✭✭cnocbui


    This thread has a lot of useful info: http://boards.ie/vbulletin/showthread.php?p=64849855&highlight=european+satellite+dish#post64849855

    Under European Law, you have an absolute right to receive satellite broadcasts and the management company can not prevent you from doing so.

    This post in that thread you might find of interest: http://boards.ie/vbulletin/showpost.php?p=60981805&postcount=208

    If you don't own your apartment, then I suspect you might be limited in what you can do, but I doubt anything can prevent you from installing a dish on a balcony in such a way that no permanent damage is done to the property.


  • Closed Accounts Posts: 9 Zoya


    Thanks cnocbui for taking the time to reply.
    I am renting the apartment but I haven't singed a contract that says I shouldn't under no circumstances erect a dish. I was mislead by the " unless you get a written permission from your landlord". Another clause says clearly not to alter structurally the interior or exterior of the building" so I am aware that by drilling holes I would be in breach of the contract that I signed. So clamping might be the solution. Thanks very much for the link to the thread. I read it and while it seems obvious by the EU law that no can deny you the right to receive satellite broadcasts, management guys over there seem to adamantly brush it under the carpet. I so wish this is legally challenged here in Ireland.

    Do you think I should write to them and ask them for permission to erect it, mentioning that I'll G-clamp it rather than permenantly fix it and in doing so I will be in no breach to the contract? and hint that I am practicing rights given to me by EU law?
    What do you think?
    Thanks again


  • Registered Users, Registered Users 2 Posts: 14,534 ✭✭✭✭cson


    From behind!


    Sorry, couldn't resist after seeing this thread on the homepage


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  • Closed Accounts Posts: 334 ✭✭stellarartois


    cson wrote: »
    From behind!


    Sorry, couldn't resist after seeing this thread on the homepage


    Is this supposed to be funny? Did you think you would get loads of people thanking you for this?


  • Registered Users, Registered Users 2 Posts: 14,534 ✭✭✭✭cson


    Is this supposed to be funny? Did you think you would get loads of people thanking you for this?

    Lighten up. :p


  • Closed Accounts Posts: 334 ✭✭stellarartois


    Grow up.


  • Closed Accounts Posts: 5,178 ✭✭✭STB


    Zoya wrote: »
    Thanks cnocbui for taking the time to reply.
    I am renting the apartment but I haven't singed a contract that says I shouldn't under no circumstances erect a dish. I was mislead by the " unless you get a written permission from your landlord". Another clause says clearly not to alter structurally the interior or exterior of the building" so I am aware that by drilling holes I would be in breach of the contract that I signed. So clamping might be the solution. Thanks very much for the link to the thread. I read it and while it seems obvious by the EU law that no can deny you the right to receive satellite broadcasts, management guys over there seem to adamantly brush it under the carpet. I so wish this is legally challenged here in Ireland.

    Do you think I should write to them and ask them for permission to erect it, mentioning that I'll G-clamp it rather than permenantly fix it and in doing so I will be in no breach to the contract? and hint that I am practicing rights given to me by EU law?
    What do you think?
    Thanks again

    They will tell you to get lost. I dont understand your questions to be honest, just becuase you have a contract that doesnt say you cant install a sat dish doesnt mean you can do it ! Regardless of EU laws quoted above your landlord has a lease agreement (which he has let to you) to say he cant stick up a sat dish. Most developments have communal sat dishes for 28.2 not Hotbird. Ans the reason why the clause is there in the first place is probably so the development doesnt resemble a sat farm.


    So let me get this straight your are going to GClamp on to the devlopments wall ! If your management company are active you will probably see whatever you errect, disappear overnight.


  • Registered Users, Registered Users 2 Posts: 20,818 ✭✭✭✭cnocbui


    STB wrote: »
    They will tell you to get lost. I dont understand your questions to be honest, just becuase you have a contract that doesnt say you cant install a sat dish doesnt mean you can do it ! Regardless of EU laws quoted above your landlord has a lease agreement (which he has let to you) to say he cant stick up a sat dish. Most developments have communal sat dishes for 28.2 not Hotbird. Ans the reason why the clause is there in the first place is probably so the development doesnt resemble a sat farm.


    So let me get this straight your are going to GClamp on to the devlopments wall ! If your management company are active you will probably see whatever you errect, disappear overnight.

    Law trumps contract or lease, every time. It doesn't matter what a contract/lease says, or if you signed it, if that contract is requiring something that is in breach of the law, it is automatically invalid and unenforceable.

    In answer to the OP, I would say he is not obliged to ask their permission for setting up a dish if it is to be mounted in a way that would not cause damage to the property. I would also say to the OP that Lidl just happen to be awash with camping Sat. sets at the moment which include a small dish that is designed for temporary fixing to objects via a clamp :D

    There was a piece in the thread I pointed out, or a similar one, about a management company telling the tenants/owners to remove dishes, and when they didn't, they sent in people to do the removing. They then found out that their action was completely illegal and constituted criminal damage/theft and they had to replace everything they had touched.


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