The Opera Plaza Homeowner's Association CC&Rs (covenants, conditions, and restrictions) prohibit satellite TV dishes in common areas of the condo complex, including balconies and patios. But condo owners Betty and Tuan Hoang installed a satellite dish on the exterior of their condo residence. The homeowner's association filed this lawsuit in U.S. District Court seeking (1) declaratory relief stating the homeowner's association policy is valid, (2) a permanent injunction requiring the Hoangs to remove their satellite dish, and (3) damages for breach of contract. Purchase Bob Bruss reports online. But the Hoangs argued the homeowner's association has no legal right to bring this case in federal court because no federal issue is involved. However, the homeowner association replied it is very likely the Hoangs will cite the federal Telecommunications Act of 1996 as a defense because it prohibits private or public restrictions that impair a viewer's ability to receive video programm...
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