February 29, 2015
Re: Proposed Rules re ANTENNAE AND SATELLITE DISHES
Below please find a proposed rule regulating the installation, maintenance, repair, replacement and removal of antennae and satellite dishes in the Del Mar Beach Club community. This proposed rule is being posted and included in the Association’s newsletter in accordance with Civil Code § 4360.
The purpose and effect of this rule is to control what type of antennae and satellite dishes may be installed, where and how they may be installed, and the responsibilities of owners who choose to install them. The Board has determined that this rule will help preserve the aesthetics of the community and protect the assets of the community. You will be provided with notice of the rule change after the rule has been adopted at an open Board meeting, which will be in no less than 30 days from the date of this notice.
On Behalf of the Board of Directors,
Nancy Wozniak, Association Manager
DEL MAR BEACH CLUB OWNERS ASSOCIATION PROPOSED
ANTENNAE AND SATELLITE DISH RULE
The following rules pertaining to the installation, maintenance, repair, replacement and removal of antennas and satellite dishes shall strictly apply to all Association members and other residents.
No antennas (television, radio or other) or satellite dishes larger than one meter in diameter (“Prohibited Antennas”) shall be installed in any portion of the community.
No antenna (television, radio or other) or satellite dish of any diameter shall be located in or on any portion of the Association’s common area, including without limitation, on or attached to any roof, trim or other exterior building surface, wall or fence.
Antennas and satellite dishes of one meter or less in diameter (“Approved Antennas”) may only be installed within an owner’s patio or balcony area if free standing or on a mast not attached to any portion of the exterior of any building, railing or fence. Association approval is not required for such installations provided the installations are performed in strict accordance with this Policy; however, the owner must provide the Association with written notice of the installation before any work is performed. Written notice may be delivered in person, by mail, or by email to the Association’s manager.
All coaxial cable that will be visible from any common area or other unit shall be selected or painted to match the building color.
All installation shall be completed so as not to damage any common components, neighboring units, void any warranties of the Association, or in any way impair the integrity of the building, the waterproof membrane of the stucco, or the safety of any persons.
All Approved Antennas shall be professionally installed by a contractor who possesses: 1) a Contractor’s General Liability (including completed operations) policy of at least $1,000,000.00 and 2) Workers’ Compensation insurance as required by law. The Contractor’s General Liability policy must not contain an exclusion for work performed in a common interest subdivision, condominium or homeowners association and specifically shall not contain exclusions for the work being performed. Nor shall the policy contain an insured versus insured exclusion or a contractor’s condition endorsement requirement.
An Approved Antenna shall be maintained by the applicable unit owner in good repair at all times. In the event an Approved Antenna becomes inoperable, falls into disrepair, is no longer being used or becomes a safety hazard, the equipment shall cease to be an Approved Antenna and the applicable unit owner shall be required to promptly remove the equipment.
An owner shall be solely responsible for all costs pertaining to the installation, use, maintenance, repair, replacement and removal of such equipment.
An owner shall be liable for any damage to the Common Area caused by the installation, existence, repair, lack of repair, replacement or removal of his or her satellite dish or antenna, or any other equipment pertaining to the same.
The Association reserves the right to inspect the installation of an Approved Antenna upon reasonable notice to the owner to ensure compliance with this policy.