Question 1

Can We Say No?

Accepted Answer

Can We Say No? Q: A resident has asked if he can have a separate satellite dish on his terrace/balcony. The purpose of this is to bypass our main tv/satellite system so that he can receive Sky Q (an add- on service offered by Sky TV) and in effect be independent of the main system. The company we are contracted to for tv/satellite services who own, supply, maintain and run the system for which we pay an annual fee are offering the Sky Q service to all residents for a one-off connection charge of £300. This has to be paid for individually because not all residents want the extra service, and we therefore cannot take it out of service charges. One resident to date has paid to have this connected through our contractors. The new request is solely so that the resident can avoid paying £300 as Sky have offered this to him free. However, our concern is that if we allow one resident to do this then others may wish to do the same; but not everyone has a terrace, some only have balconies in full view of all. Because satellite dishes have to be positioned to receive the signal and need to be clear of any obstruction, it could mean that some dishes are installed on the wall either front or back of the building. We think this will look unsightly. In addition, we believe our lease has specific conditions re what can be on terraces/balconies. We also voted unanimously as freeholders a year or so back that no new fixtures or additions would be allowed in communal areas, which is recorded in our AGM minutes. We are not in favour of allowing a dish which would have to be fixed to the main wall of the building anywhere. We do not see the need for it as we have a central system which provides all of the tv/satellite to all residents, other than Sky Q, but this is also being offered as a separate add on. The main satellite dish is positioned out of sight on the roof of the building. We have just paid a large amount to have our tv/satellite cables renewed because there was some deterioration and the cost of this renewal and the annual contract charge to the company to maintain the system is part of the service charge which all residents pay. We want to say no to this request and are asking if we are able to do this. FPRA Director Shula Rich replies: In my opinion you are able to say no if its attached to the outside of the building and you have very good reasons - which you have. However, if it is inside the balcony and the balcony is part of the lessees’ demise and it is not attached to the exterior, then you might have more difficulty trying to prevent it. You can see if it’s their demise by looking at the red line in the lease plan. Is it outside or inside the balcony? I hope this helps, and that there is no dispute. I suggest you try the first approach, giving your reasons which I list below: 1 Satellite dishes have to be positioned to receive the signal and need to be clear of any obstruction. It could mean that some dishes are installed on the wall either front or back of the building. This will look unsightly. 2 We also voted unanimously as freeholders in............. that no new fixtures or additions would be allowed in communal areas, which is recorded in our AGM minutes. [Submitted January 2020]

Question 2

Can We Say No?

Accepted Answer

Can We Say No? Q: A resident has asked if he can have a separate satellite dish on his terrace/balcony. The purpose of this is to bypass our main tv/satellite system so that he can receive Sky Q (an add- on service offered by Sky TV) and in effect be independent of the main system. The company we are contracted to for tv/satellite services who own, supply, maintain and run the system for which we pay an annual fee are offering the Sky Q service to all residents for a one-off connection charge of £300. This has to be paid for individually because not all residents want the extra service, and we therefore cannot take it out of service charges. One resident to date has paid to have this connected through our contractors. The new request is solely so that the resident can avoid paying £300 as Sky have offered this to him free. However, our concern is that if we allow one resident to do this then others may wish to do the same; but not everyone has a terrace, some only have balconies in full view of all. Because satellite dishes have to be positioned to receive the signal and need to be clear of any obstruction, it could mean that some dishes are installed on the wall either front or back of the building. We think this will look unsightly. In addition, we believe our lease has specific conditions re what can be on terraces/balconies. We also voted unanimously as freeholders a year or so back that no new fixtures or additions would be allowed in communal areas, which is recorded in our AGM minutes. We are not in favour of allowing a dish which would have to be fixed to the main wall of the building anywhere. We do not see the need for it as we have a central system which provides all of the tv/satellite to all residents, other than Sky Q, but this is also being offered as a separate add on. The main satellite dish is positioned out of sight on the roof of the building. We have just paid a large amount to have our tv/satellite cables renewed because there was some deterioration and the cost of this renewal and the annual contract charge to the company to maintain the system is part of the service charge which all residents pay. We want to say no to this request and are asking if we are able to do this. FPRA Director Shula Rich replies: In my opinion you are able to say no if its attached to the outside of the building and you have very good reasons - which you have. However, if it is inside the balcony and the balcony is part of the lessees’ demise and it is not attached to the exterior, then you might have more difficulty trying to prevent it. You can see if it’s their demise by looking at the red line in the lease plan. Is it outside or inside the balcony? I hope this helps, and that there is no dispute. I suggest you try the first approach, giving your reasons which I list below: 1 Satellite dishes have to be positioned to receive the signal and need to be clear of any obstruction. It could mean that some dishes are installed on the wall either front or back of the building. This will look unsightly. 2 We also voted unanimously as freeholders in............. that no new fixtures or additions would be allowed in communal areas, which is recorded in our AGM minutes. [Submitted January 2020]

Can We Say No?

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