Storage Problems

[scottish2]

Hi

First off requesting only responses from those with some legeal background as not looking for opinions on this looking for some sort of answer.

OK first am from South Carolina and I know awhile back there was some issues where some gated communities (Plantations here) were denying home owners from having Dishnetwork type satalites. Well this went to court and the courts sided with the home owners and said that the plantations couldn't deny the home owners this right.

OK now going along with that here is my question. I am now living in a villa (Apartment) complex which has a board and such and some of the owners want to have a space on property to store kayaks. Mind you we're all owners of our units not renters. The board is giving us a hard time about it and I was wondering is this similar to the satalite case where the board can't deny owners a spot to store their kayaks on property such as a kayak rack?

I feel it is the same sort of argument and I know from the satalite issue that just because a board outlaws something doesn't means it's legal as some plantations found out with satalites.

Thoughts on this would this be a similar case where the owners have a right to store kayaks?

Oh before I forget also the reason some of us want kayaks is because our town is an island on the Atlantic and out complex has direct access to one of the islands waterways so easy to just put in and paddle off from the property.

Will be away this week in case I get an replies will be back late on the 23rd.

Thanks!
Scottish2

[Mr. Knowitall]

I believe that you are looking at two very different sets of circumstances. The satellite dish issue seems to be governed by FCC regulations:

In separate orders deciding petitions for declaratory ruling filed by homeowners from San Antonio, Texas, Potomac, Maryland and McCormick, South Carolina, the Bureau found that the restrictions did not comply with the Commission's rule ("Rule") regarding over-the-air reception devices, which implements Section 207 of the 1996 Telecommunications Act. The Rule prohibits governmental and private restrictions that impair the ability of antenna users to install, maintain, or use satellite dishes and wireless cable antennas that are one meter or smaller in diameter and television broadcast antennas unless justified by safety or historic preservation considerations

That rule would have no bearing on kayaks.