| The Beachwalk Homeowner's Association adopts the following restrictions and regulations for the Community, hereinafter referred to as the "Rules", which shall be binding upon all owners and their grantees, lessees, tenants, occupants, successors, heirs, and assignees who currently or in the future may possess an interest in the Community, and which shall supersede any previously adopted rules on the same subject matter.
I. Definition
A. Satellite Dish
A Satellite Dish is a device used for the receipt of video programming services. A mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other accessories necessary for the proper installation, maintenance, and use of a Satellite Dish shall be considered part of the Satellite Dish.
B. Mast
The structure to which a Satellite Dish is attached that raises the Satellite Dish height.
C. Owner
Any homeowner in the Association. For the purpose of this rule only, the "owner" includes a tenant who has the written permission of the homeowner/landlord to install a Satellite Dish.
D. Telecommunications Signal
The signal received by the Satellite Dish.
II. Installation Rules
A. Satellite Dish Size and Type
- Satellite Dishes that are one meter (40 inches) or less in diameter may be installed. Satellite Dishes larger than one meter are prohibited.
- Installation of transmission-only Satellite Dishes is prohibited.
- All Satellite Dish not covered by the FCC rule are prohibited.
B. Location
- Satellite Dish shall be installed solely on individually-owned property as designated on the recorded deed or other document defining the portions of individually-owned property.
- If acceptable quality signals may be received by placing the Satellite Dish inside a dwelling, without unreasonable delay or unreasonable cost increase, then outdoor installation may be prohibited.
- Satellite Dishes shall not encroach upon common areas or any other owner's property.
- Satellite Dishes shall be located in a place shielded from view from the street or from other lots to the maximum extent possible; provided, however, that nothing in this rule would require installation in a location from which an acceptable quality signal may not be received. This section does not permit installation on common property, even if an acceptable quality signal may not be received from an individually-owned lot.
C. Installation
- Satellite Dishes shall not be installed higher than is absolutely necessary for reception of an acceptable quality signal.
- All installations shall be completed so that they do not damage the common areas of the Association or the lots of any other resident or in any way impair the integrity of buildings on common areas or lots.
- The homeowner is responsible for repairing any water leaks resulting from the installation of any Satellite Dish. Tin's liability includes water leak damage to the roof structure and water damage to the residence interior and its contents. A signed statement of homeowner's leakage liability (available from Keystone Pacific Property Management, Inc.) must be provided to the Architectural Committee with the initial project application. Roof leakage responsibility reverts from the homeowner to their roofing contractor after the first re-roofing provided by the Homeowners Association following the device installation.
- Owners are responsible for all costs associated with the Satellite Dish, including but not limited to costs to:
a. Place (or replace), repair, maintain, and move or remove Satellite Dish;
b. Any other property damaged by Satellite Dish installation, maintenance or use;
c. Pay medical expenses incurred by persons injured by Satellite Dish maintenance, or use;
d. Reimburse residents or the Association for damages caused by Satellite Dish installation, maintenance, or use.
5.The Satellite Dish must be secured so that they do not jeopardize the soundness or safety of any other owner's structure or the safety of any person at or near Satellite Dishes, including damage from wind velocity based upon a unique location.
III. Maintenance
A. Owners shall not permit their Satellite Dish to fall into disrepair or to become safety hazards.
B. Owners shall be responsible for Satellite Dish maintenance and repair.
C. Owners shall be responsible for repainting or replacement if the exterior surface of Satellite Dish deteriorates.
IV. Safety
A. Satellite Dishes shall be installed and secured in a manner that complies with all applicable city and state laws and regulations, and manufacturer's instructions. The owner, prior to installation, shall provide the Association with a copy of any applicable governmental permit.
B. All installations must comply with all applicable codes.
C. In order to prevent electrical and fire damage, Satellite Dishes shall be permanently and effectively grounded.
V. Number of Satellite Dishes
A. No more than one Satellite Dish may be installed by an owner.
VI. Mast Installation
A. Mast installation will be reviewed by the Board of Directors.
B. Masts must be installed by a licensed and insured contractor.
C. Masts must be painted the appropriate color to match their surroundings.
D. Masts shall not encroach upon another owner's lot or common property.
VII. Notification Process
A. Any owner desiring to install a Satellite Dish must complete an Architectural
Approval Application and submit it to the Beachwalk Architectural Committee c/o the Keystone Pacific Property Management, Inc., office.
B. Installation shall not begin until after the Board of Directors approves the application.
VIII. Installation by Tenants
A. Tenants may install Satellite Dishes in accordance with these rules with written permission of the homeowner/landlord.
B. A copy of this permission must be furnished with the Architectural Approval
Application.
IX. Enforcement
A. If these rules are violated, the Association may bring action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard. If the court or FCC determines that the Association rule is enforceable, a fine of $50 shall be imposed by the Association for each violation. 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. To the extent permitted by law, the Association shall be entitled to reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy.
B. If Satellite Dish installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit or seek removal of the installation.
X. Severability
A. If any provision is ruled invalid, the remainder of these rules shall remain in full force and effect.
Updated 1/27/10
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Guidelines
