East Lake Condominium Association
PO Box 297
Grantham, NH 03753
RULE/RESOLUTION OF BOARD OF DIRECTORS
On September 29, 2005, pursuant to the By-Laws of the Association a meeting was held of the Board of Directors of the Association. A Vote to amend the condominium rules and regulations was held:
WHEREAS: The 1996 Federal Telecommunications Act and recent FCC Rulings, the Condominium Association must allow the installation of certain types of antennas subject to reasonable restrictions.
WHEREAS: In order to protect the common property of the Association and the health and safety of the residents of the condominium and to comply with the federal law, the Board of Directors pursuant to Article III, Section 1 (e), Article V, Section 7(f) and Article V, Section 9 of the By-Laws hereby votes, amends and adopts the following rules for the installation of antennas, satellite dishes and MDS antennas in accordance with FCC rules.
RULES FOR INSTALLATION OF ANTENNAS & SATELLITE DISHES
1. Unit Owners may install antennas, satellite dishes and/or MDS antennas as specified by the Telecommunications Act of 1996, only on property that they exclusively control. This property includes their Unit and the Limited Common area assigned to the Unit, as described in the Declaration of Condominium. (See Article 3(e) Descriptions of Buildings and Units, sections (e (ii) and (f (i) and (ii) for a detailed description.)
2. Unit Owners may run normal and reasonable wiring from the dish or antenna directly to the unit and may penetrate and modify only that property owned or exclusively controlled by the unit owner and described in the Declaration of Condominium. All such installations must be in compliance with all local building codes and regulations and may not constitute a health or safety hazard.
2. Unit Owners must install and attach antennas, satellite dishes and/or MDS antennas only on Unit or Limited Common Area property and may not use, attach or penetrate any common walls, roofs, overhangs, gables or the like.
3. No owner may install any satellite dish, MDS antenna or any wiring or equipment on the common property of the Association without the prior written consent of the Board of Directors.
4. The Board of Directors, upon being presented evidence by the unit owner that they are unable to obtain an acceptable signal on the property under their exclusive control, may approve any other proposed installation so long as such installations do not damage the common elements or present a danger to the health and safety of the residents of the condominium.
5. Unit Owners shall be liable for all damage caused to the unit, limited common area and/or common area caused by or resulting from the installation of any antenna, dish, equipment or wiring, and by installing such items agree to defend, indemnify and hold the Association harmless for any and all damage caused by the installation of such equipment.
6. If a unit owner fails to comply with these installation rules, the Board may order the immediate removal of the dish and all other related equipment and may take enforcement action pursuant to Article XII of the By-Laws for violation of this rule.
We the undersigned Directors of the East Lake Association hereby certify that the Directors Meeting was called and conducted in accordance with the Declaration and By-Laws of the Association and in compliance with the applicable New Hampshire Statutes. The proposed rule is in compliance with the documents and does not affect the rights of any first mortgage holders.
Robert Sullivan, President
Thomas Trolle,
Sumner Fanger,