dc
October 4, 2012
Secretary, Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attention: Media Bureau
Re: 47 C.F.R. § 1.4000 OTAPD
& 1cted
oc't
FCC Mail RoOm
Illegal restriction of placement of satellite dish in an exclusive use
area.
To Whom It May Concern,
I would like to file a petition concerning the restriction of placing
my dish satellite on an exclusive use area of the townhome that I rent
by the Homeowners Association.
I had my dish installed on the roof of the storage unit that is on my
back patio area. I am the only one that has use of the unit and it is
not shared with anyone else. The unit is on the cement area of the
patio that is not shared by anyone else in the back of the townhome.
The roof is not shared with any other unit and none of the walls are
shared with any other unit. The unit has a locked door on it. I would
consider this to be my exclusive use area and per OTARD, the HOA
cannot place any restrictions on that area concerning satellite
dishes. Prior to having the dish installed I had gotten my landlord's
permission.
The dish had been in place for approximately one month when I received
a call from my landlord stating that per the HOA, I had to remove the
dish immediately since I had not obtained prior authorization from the
HOA and it needed to be placed by the chimney. Per OTARD, placing the
dish on the roof area of the townhome itself could be considered a
common area and would need to have approval. However, I did not have
it placed on the roof that is shared with the two units next to mine.
I have included a copy of the HOA rules concerning placement of a
satellite dish. The rules state that prior authorization must be
obtained, which I believe violates OTARD. The HOA rule concerning
placement states:
'1LOCATION - Dishes are to be mounted on the corner trim of the wooden
chimney structure, above the gutter or edge of the roof, of the home
they are connected to serve. If there is no chimney box on your home,
please indicate this on your application, and the ACC Committee will
eived &
OCT 1 1 ZO1Z
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indicate where to locate the dish with their approval. CABLES- A
single cable is to be run in the most inconspicuous m7,ner possible
between antennae and point of entry into the house (usually the
storage shed) and secured without allowing fasteners to penetrate
roofing material. Cables must enter the unit within 5 ft of the
dish location. Installation is to comply with any applicable building
or electrical codes. No additional cables or devices are permitted."
The townhomes are two and three story units. It is impossible to
comply with the cable restriction if the dish would be placed on the
chimney structure as the cable would have to be much longer than 5
feet before it would enter into the unit. The HOA's own rules
contradict themselves.
First, I do not have a chimney on my unit. Second, by placing the dish
on the roof, I would not be able to adhere to the restriction of the
cables as it would be much further than 5 feet from the dish to the
storage unit. To comply with that portion of the rule, you would have
to drill a hole in the roof for the cable to go through. If it was on
a chimney, the only other option would be to put the cable down the
chimney which I believe would be a major safety issue.
By placing the dish on the roof of the storage unit, I am in
compliance with the cable restriction as the cable enters the storage
unit approximately 5 feet from the dish. The installer actually has
the cables going into the box that was previously on the unit from
where I had cable installed. There was no drilling of any holes in
the storage unit roof or walls of the storage unit.
I know of two units within my sight that are not in compliance with
the rule of entry of the cable into the unit (they suggest storage
unit) within 5 feet of the dish. In fact, both of them have the cable
running down the exterior wall of the second story. These units had
their dish up prior to the installation of mine.
These units are designed like a doll house with very steep roofs. I
would seriously be concerned about having satellite dishes attached to
chimneys so high up that no one would be able to notice if the dish is
becoming lose as they would be subject to high winds. Also, in the
spring when we have a wet snow, there would be no safe way to be able
to remove any snow accumulated on the dish that could cause reception
problems.
I believe that the HOA is in violation of OTARD by requiring me to
remove my dish that is in an exclusive use area and placing it on the
townhome roof which could be considered a common area.
I.eeivd & inspected
OCT 11ZQZ
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Rhonda Rivenburg
9262 W. Ontario Dr.
Littleton, CO 80128
303-520-8631
Enclosures: Letter from HOA, Rule concerning placement of satellite
dish from HOA.
BELOW IS CONTACT INFORMATION FOR ALL INVOLVED PARTIES:
HOME OWNERS ASSOCIATION MANAGEMENT COMPANY:
KC & ASSOCIATES, LLC, 10106 W. San Juan Way, Ste 210 Littleton, CO
80127 Community Assoc. Mgr Tina White 303-933-6279.
TOM MCCANN, DUTCH RIDGE HOA PRESIDENT, 9252 W. Ontario Dr., Littleton,
Co 80128 303-973-9235.
David Nikkel, Landlord, 9202 W. Ontario Dr., Littleton, CO 80128 303-
972-3400.
cDutcfi cRjige JfO)4
c/o 1(C eLftssociates, LEC
10106W. San 5uan Way, Suite 210
£itt(eton, CO 80127
303-933-6279.
er17,2012
David Nikkel
9202 W. Ontario Dr.
Littleton CO 80128
RE: 1st Notice of Violation - 9262 W Ontario Dr
Dear Homeowner:
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As a homeowner in the Dutch Ridge HOA, we are sure you are interested in maintaining the high standards of the
community. Members' diligent efforts to observe community standards provide residents with a nice place to live and
protect property values.
During a recent property inspection on 09/14/2012, a violation of the governing documents for Dutch Ridge HOA was
noted as follows:
• Satellite dish not approved by Architectural Control Committee.
• To bring your property into compliance: Remove satellite dish from shed roof and apply for approval of approriate
location, i.e. chimney. In addition, remove bicycles from common rock areas and repair window screen on 2nd floor
rear windows.
This letter is for your information and a friendly reminder to you. The violation will need to be corrected within ys
from the date of this letter. If you would like to review the Dutch Ridge HOA Policies and Procedures for Covenant and
Rule Enforcement, a copy of this policy and other documents are available at the management office or online at
www.kchoa.com.
- - If additional complaints are filed following this date, your property's account inaybe fined $100.00 and the matter may
be turned over to the Association's legal counsel if it remains unresolved. You have the option of explaining matters in
dispute to the Board of Directors. If you desire a hearing, please notify us in writing within 10 days of this letter so that
your case can be given priority on the agenda at the next Board meeting.
Thank you in advance for your help in preserving the integrity of Dutch Ridge HOA. The Association and your fellow
neighbors appreciate your voluntary compliance and cooperation in this matter.
TIna White
Community Association Manager
Dutch Ridge HOA
cc: Board of Directors
Dutch Ridge Homeowners Association, Inc.
March 2010 Edition
F. Firewood
For the safety of yourselves and your neighbors, please:
I. Firewood may only be stacked neatly outside your
residence on the back concrete patio slab. Firewood is
absolutely not allowed on the decks.
2. Any stacked firewood must have at least a 3-inch
airspace between it and any wood fence or building to
prevent damage to these structures. Contact with these
structures is prohibited.
3. Firewood must not obstruct any windows or doors, and
a 2-foot wide walkway, allowing access from the
common area, must be maintained in front of any door.
G. Holiday Decorations
Holiday decorations may be displayed outside of a
residence no earlier than 30 days prior to the holiday and
must be removed no later than 10 days after the holiday.
No decoration or display shall damage the structure or
landscape of a unit, or risk injury to any individual,
including but not only those installing or removing the
decorations.
H. Noise and Nuisances
No noise or other nuisance shall be permitted to exist or
operate upon any personal or common property so as to be
offensive or detrimental to any other property or its
occupants. Without limiting the generality of any
foregoing provisions, no exterior speakers, whistles, bells
or other sound devices (other than security devices used
exclusively for security purposes), or harsh lighting or
reflective materials shall be located, used or placed on any
such property.
Satellite Dishes
Satellite dish and antenna installations must have an
Architectural Control Request (see Appendix Ill) and
Waiver forms (see Appendix IV) submitted and approved
ReciVd & Inspected
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23
Dutch Ridge Homeowners Association, Inc.
March 2010 Edition
before installation commences. Submit these to the
address located in Appendix I.
Please remember that the owner is responsible for the
actions of his contractors. If the contractors do not place
the dish in the pre-approved location or otherwise fail to
conform to the requirements of the Association, the owner
shall correct the problem at the owner's expense. The
following are limitations pertaining to satellite dish
installations in Dutch Ridge:
1. SIZE - Satellite dishes must not exceed 39 or one (1)
meter in diameter.
2. LOCATION - Dishes are to be mounted on the corner
trim of the wooden chimney structure, above the gutter
or edge of the roof, of the home they are connected to
serve. If there is no chimney box on your home, please
indicate this on your application, and the ACC
Committee will indicate where to locate the dish with
their approval.
3. CABLES -A single cable is to be run in the most
inconspicuous manner possible between antennae and
point of entiy into the house (usually the storage shed)
and secured without allowing fasteners to penetrate
roofing material. Cables must enter the unit within 5
feet of the dish location. Installation is to comply with
any applicable building or electrical codes. No
additional cables or devices are permitted.
4. WAIVER - Before installation, the owner of the unit
receiving the dish must sign a waiver form and deliver
the same to the Association Manager accepting
responsibility on behalf of the owner and any future
owner(s) for maintenance of the installed dish, cable
and equipment, and accepting responsibility for any
damage inflicted on property the Association maintains
resulting from the dish or equipment.
ReoeiVti & inspected
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CERTIFICATE OF SERVICE &
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OCT 11 ZO
FCC Mail Room
I certify that:
The original and four copies of the petition were mailed to:
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554
And a true and accurate copy of the same document was placed in the United States mail,
postage prepaid, and addressed to the following parties on this date October 4, 2012.
TO:
David Nikkel
9202 W. Ontario Dr.
Littleton, CO 80128
Tom McCann, Dutch Creek HOA
9252 W. Ontario Dr.
Littleton, CO 80128
KC & Associates, LLC
Atten: Tina White
10106 W. San Juan Way, Ste. 210
Littleton, CO 80128
14L
Pe itioner,
Rhonda Rivenburg
9262 W. Ontario Dr.
Littleton, CO 80128
303-520-8631
Received & Inspected
OCT ii ?O1Z
FCC Mail Room
Affidavit of Rhonda Rivenburg
My name is Rhonda Rivenburg. I am 55 years old, am working as a Executive Resolution
Specialist, and currently reside at 9262 W. Ontario Dr., Litteton, Colorado 80128.
I, hereby swear that the statements made on the petition concerning the facts surronding the
installation of a dish satellite at 9262 W. Ontario Dr., Littleton, CO 80128 attached to be true and
accurate.
I declare that, to the best of my knowledge and belief, the information herein is true, correct and
complete.
nL AuAt4,&u
Rhonda Rivenburg
STATE OF COLORADO, COUNTY OF JEFFERSON, ss:
This Affidavit was acknowledged before me on this2V day of__________________
25/7 by Rhonda Rivenburg, who, being first duly sworn on oath according to law, deposes and
says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters
stated herein are true to the best of his/her information, knowledge and belief.
C______________
otary Public
( JAC8
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