Villages Antenna Resolution
Official Records of Maricopa County Recorder Helen Purcell
20060610219, 05/05/2006 10:57,00613-10-1-1-
When recorded return to :
Ekmark & Ekmark, L.L.C.
6720 N. Scottsdale Road, Suite 261
Scottsdale, Arizona 85253
Fax (480) 922-9422
VILLAGES AT ESTRELLA MOUNTAIN RANCH COMMUNITY ASSOCIATION.
Antenna Resolution and Policy
A. The Villages at Estrella Mountain Ranch Community Association (“Association”) is governed by a Declaration of Covenants, Conditions and Restrictions for the Villages at Estrella Mountain Ranch (“Declaration”), recorded at Recording No. 97-0584915 in the office of the Maricopa County Recorder.
B. Exhibit “D”of the Declaration states “Unless otherwise permitted by law, antennas, dishes, or other apparatus for the transmission, reception, or communication of television, radio satellite, or other signals shall be located in the side or rear yard, installetl adjacent to the residence, and integrated with the residential structure and landscaping Dishes shall not exceed 39.36 inches in diameter. Any such devices shall be screened or landscaped from view from the street and adjacent Units.
C. The Association hereby adopts this Resolution and Policy in order to regulate the installation, use and maintenance of satellite dishes and antennas that are governed by rules established by the Federal Communications Commission.
D. While this Resolution and Policy applies to all owners, tenants and occupants within the Association, the owner of a particular lot is ultimately responsible for compliance with this Resolution and Policy.
II. Types of Antennas
A. This Resolution applies only to the following types of antennas listed in the FCC Rule:
1. Direct Broadcast Satellite (“DBS”) antennas one meter in diameter or less, and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or receive or transmit fixed wireless signals via satellite, may now be installed, while DBS antennas larger than one meter are still prohibited without the approval of the Architectural Committee.
2. Multi-point Distribution Service (“MDS”) antennas one meter or less in diameter or diagonal measurement, designed to receive video programming services (wireless cable) or to receive or transmit fixed wireless signals other than via satellite, may now be installed, while MDS antennas larger than one meter are still prohibited without the approval of the Architectural Committee.
3. Antennas designed to receive local television broadcast signals (“TVBS”) may now be installed. Masts higher than 12 feet above the roof line are still prohibited without the approval of the Architectural Committee.
4. Antennas designed to receive and/or transmit data services, including Internet access may now be installed. Masts higher than 12 feet above the roofline are still prohibited without the approval of the Architectural Committee.
5. Ifthe FCC expands the types of antennas that fall under the FCC Rule, this Resolution and Policy shall encompass those antennas as well.
B. All other antennas, except the ones listed above, are still prohibited without the approval of the Architectural Committee.
III. Location and Installation
If the antenna is one of the three types now allowed without prior approval from the Architectural Committee, the antenna must still comply with the following regulations:
A. No antenna may encroach upon the common area or the property of another owner.
B. An antenna must be placed inside the dwelling if an acceptable signal quality may be received from any place within the dwelling.
C. The antenna must be shielded from view from the street and neighboring properties to the maximum extent possible as long as an acceptable signal quality may be received. If necessary to shield the antenna from view, the Association may require that the antenna be shielded by reasonably priced landscaping that complies with the Association’s landscape requirements.
D. Antennas, masts and any visible wiring must be painted to match the color of the structure to which they are installed, provided the painting does not interfere with acceptable quality signal and does not void the manufactu rer’s warranty.
E. The antenna must comply with all applicable city, county and state laws, regulations and codes. The Association must be provided with a copy of any applicable governmental permits.
F. Installation must be pursuant to the manufacturer’s instructions.
G. In order to protect against personal injury and property damage, an antenna may not be placed in a location where it may come into contact with a power line.
H. In order to protect against personal injury and property damage, all antennas must be properly grounded and secured.
I. Inorder to protect against personal injury, antennas may not block or obstruct any driver’s view of an intersection or street.
J. Ifthe antenna is attached to a mast, the following regulations apply:
1. Mast height shall be no higher than absolutely necessary to receive acceptable signal quality.
2. Masts that extend more than twelve feet above the roof line must be approved by the Association before installation and the application must include a detailed description of the method by which the mast is secured and an explanation regarding the necessity of such a mast.
3. Masts must be installed and painted to match their surroundings.
4. Masts must not encroach upon the common area or another owner’s property.
5. In order to protect against personal injury, masts installed upon a roof may not be installed nearer to the lot line than the total height of the mast and antenna.
6. In order to protect against personal injury and property damage, a mast may not be installed so that it would touch a power line if it fell.
A. The owner is responsible for all costs associated with the installation and maintenance of an antenna.
B. The owner is responsible for all damage caused by or connected with the antenna.
C. The owner must hold the Association harmless and indemnify the Association in the event that someone is injured by the antenna.
D. The owner shall keep the antenna in good repair so that it does not violate any portion of this Resolution and Policy.
A. An owner must complete the notification form attached as Exhibit A and submit a copy of the completed form to the Association within five business days after installing an antenna allowed pursuant to this Resol ution and Policy.
B. Ifrequested by the Association, the owner must establish a mutually convenient time to meet with a representative of the Association to review and discuss the antenna.
A. In the event of a violation of this Resolution and Policy, the Association may bring an action for declaratory relief with the FCC or the Maricopa County Superior Court after notice and an opportunity to be heard. Ifthe FCC or Court determines that the Association Rule is enforceable, the owner shall pay a $50.00 fine to the Association for each violation. If the violation is not corrected within a reasonable length of time, additional fines of
$10.00 per day will be imposed for each day that the violation continues.
B. Ifan antenna poses a serious, immediate safetyhazard, the Association may seek injunctive relief to compel the removal of the antenna.
C. The Association shall be entitled to recover its reasonable attorney’s fees, costs and expenses incurred in the enforcement of this Resolution and Pol icy.
A. If any provision of this Amended Antenna Resolution is ruled invalid, the remainder of these rules shall remain in full force and effect.
B. Ifthe FCC modifies its rules, the modified rules shall be incorporated into this Amended Antenna Resolution as if fully set forth herein.
This Amended Antenna Resolution is adopted and is immediately effective this 2::z tJb. day
STATE OF ARJZONA )
COUNTY OF MARJCOPA )
On the 2 2 day of March ‘ 200_k, before me, the undersigned Notary Public in and the . <;:aunty of Maricopa in the State of Arizona, personally appeared
11 (ef;t M . 6a J d rtt< ( , who acknowledged that fl_ is the President of the
Association and being authorized to do so, executed the above document on behalf of the
Association for the purposes expressly stated here• .
My commission expires:
STATE OF ARJZONA )
COUNTY OF MARJCOPA )
On the 22.. day of fvJcire-h ,200 G:,, before me, the undersigned Notary Public in and for the , Cou? of Maricopa in the State of Arizona, personally appeared
‘ le.tk Gold t1161< l ,who acknowledged that JJIJj_ is the Architectural Committee
Chairman for the Association and being authorized to do so, executed the above document on behalf of the Association for the purposes expressly stated herein.
My commission expires:
Notice of Installation of Antenna
on Individually-Owned or Exclusive-Use Area
Phone (Day) _ (Evening) _ Type of Antenna: Direct broadcast satellite D 18-inch D Other D Size
Television broadcast D
Multi-point distribution service D Size _ Internet D Size ———————
Company Performing Installation
Identify Installation Location: Patio D Rear Deck D Balcony D
Other D Indicate “other:” Date Installation Performed: Please indicate the method of installation.
Will the installation be in compliance with all Association guidelines (which include manufacturers’ guidelines and applicable building codes)? Yes D No D
Please provide three days and times for which you are available to meet with us to discuss antenna installation. At this meeting, you will need to provide information supporting the necessity for nonroutine installation.
Is a mast necessary for reception? Yes D No D
If yes, is the mast required to extend more than 12 feet above the roofline or extend to a height greater than the distance from the installation to the lot line? Yes 0 No 0
If yes, you must complete the form for mast installation.
I will comply with all of the Association’s rules for installing, maintaining, and using antennas. I assume liability for any damage to Association and other owners’ property that occurs due to antenna installation, maintenance and use.
for Installation of Oversized Masts
Is a mast extending more than twelve feet above the roofline required for your antenna? Yes O No O
Is a mast extending higher than the distance from the installation to the lot line? Yes O No O
Ifyou responded “yes” to either question, please provide your reasons why such a mast is necessary. Include a detai led drawing of the instal lation plans, including:
Description of the antenna and mast.
Exact location of the mast and antenna installation. Description of the manner and method of installation.
Total height of the mast and the height it will extend beyond the roofline. (Include an explanation of why the mast must extend to this height.)
Manufacturer specifications regarding the installation of the mast.
Please provide a copy of the certificate of insurance of the contractor installing the antenna and the mast.
I will comply with all of the Association’s rules for installing, maintaining and using antenna masts. I assume liability for any damage to Association or other owners’ property that occurs due to mast installation, maintenance and use.
F:\HOA\Villages at Estrella Mountain Ranch fka Estrella II – 221 4\General Counsel\Antenna Resolution 2005\Documents\Antenna Resolution – Planned Community.”‘f’d