Your Rights Explained: HOA Restrictions, Satellite Dishes, and OTARD Rules

Homeowners and renters living in HOA communities may face challenges installing Starlink® or other satellite dish installation or data transmitting antennas. The simple fact is many HOA’s (homeowners associations) often create rules and regulations and enforce strict restrictive rules which are against the law. According to the FCC’s OTARD (Federal Communications Commission’s Over-The-Air Reception Devices) rule, you have rights that may supersede your HOA’s rules & reg’s that define how homeowners can install satellite dishes that legally trump local HOA’s. These HOA restrictions sometimes are unreasonable and may lead to disputes, especially when conflicting homeowner/renter vs. HOA rights come into play.

The good news is that the FCC’s Over-the-Air Reception Devices (OTARD) rule protects homeowners’ rights to install satellite dishes and antennas on their respective property.

This article unpacks the most common concerns, issues, and problems related to satellite dish installations in HOA communities, from understanding OTARD rules to resolving disputes with your Homeowners’ Association.

Common HOA Restrictions and Concerns

Many HOA’s (homeowners associations) set rules before allowing any specific changes or installations on your property that could threaten the safety and the community’s general aesthetic appearance. Identifying the common reasons and causes of HOA objections to satellite dish installations can save one from frustrations and problems.

Here are common issues raised by HOA’s regarding Satellite Dish / Antennae Installs:

1. Aesthetic Standards of the Community

The HOA is concerned with the overall attractive appearance of the community. Standards usually try to reduce their visibility and impact on the aesthetic appeal/harmony of the community. For example, they may require dishes to be installed behind the house or hidden from the street view or have size and color limitations.

2. Exclusive to the Property Area Only

It should be installed within the homeowner’s property boundaries, for instance, private patios, balconies, or yards. It cannot be installed on shared spaces, common areas, or locations that may impact neighboring properties, such as rooftops visible to other residents. This helps prevent disputes and respects the privacy and property rights of others in the community.

3. Preservation of Historic Properties

Homeowners within the historic areas have to carefully consider and adhere to the restrictions of HOA’s and local ordinances. These restrictions may involve non-invasive installations on facades, rooflines, and other conspicuous areas to ensure modern technology does not compromise the property’s original design and historical integrity.

4. Leasing Agreements (for renters)

Even if the HOA rules permit satellite dish installation, tenants should review if the rental contracts include clauses that outline restrictions or permissions related to modifications to the property, which may include satellite dish installations.

5. Local Regulations

Local regulations might limit the maximum diameter of satellite dishes for residential properties to less than 1 meter (approximately 39 inches) to prevent large installations that would be visually disruptive. Homeowners must consult with their local building department or HOA guidelines to confirm these specifics, as different regions have unique standards that must be met.

Understanding FCC’s OTARD Rules

Background

Congress passed the Telecommunications Act in 1996, and Section 207 directed the Federal Communications Commission (“FCC”) adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals from direct broadcast satellites (“DBS”), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations (“TVBS”).The FCC introduced its original set of rules in October 1996 and has amended them several times over the years, issuing decisions to clarify their purpose and interpretation.

FCC OTARD Rules

The OTARD rules of the FCC are a set of regulations intended to protect the rights of homeowners in installing and using antennas and satellite dishes on their property to receive television and broadband signals.

Kinds of Restrictions Permitted:

• Reasonable restrictions to prevent property damage are allowed, such as prohibiting balcony floor damage during antenna installation.
• Considerations involving safety or preserving a historic site may warrant certain restrictions.
• Safety rules must be specific and clearly defined.
• One-meter (approx. 3.28ft) or less in diameter (or any size in Alaska) satellite dish intended to receive direct broadcast satellite services, such as direct-to-home satellite service, or to transmit and receive fixed wireless signals via satellite, including any hub or relay antenna for fixed wireless services not classified as telecommunications services.

Types of Antennas Covered EXCERPT:
FYI: To date ALL Starlink dishes are <1 meter in diameter (approx. <3.28ft)

• An antenna that is one meter or less in diameter, intended to receive video programming services via broadband radio service (wireless cable) or to transmit and receive fixed wireless signals other than via satellite, including hub or relay antennas for fixed wireless services not classified as telecommunications services.
• An antenna intended to receive local broadcast television signals.

Types of Properties Covered:

• Single-family homes, condominiums, cooperatives, townhomes, and manufactured homes — anywhere there is an HOA that governs or applies to property renter’s and homeowner’s rights.
• The rule applies to “exclusive use” areas like terraces, balconies, or patios in condominiums, cooperatives, and rental properties—areas reserved for the private use of renters and their guests.

NOTE: The OTARD rule does not apply to common areas shared by landlords, community associations, or condominium owners. Examples of such areas include the roof or exterior walls of a multi-dwelling building.

Resolving Disputes on Antenna / Dish Restriction

If you think an antenna/satellite dish restriction is invalid, try to resolve the problem by talking to the party responsible for the restriction, whether it’s an association, landlord, or local government. If that doesn’t work, you can file a Petition for Declaratory Ruling with the FCC or a court.

You’ll also have to file a “proof of service,” indicating that you served the petition and attachments on the enforcing party on the same date you filed them. The proof of service must include names, addresses, dates, and the method of service (for example, mailing or personal delivery).

You can continue using your antenna while the FCC processes your petition unless the restriction is based on safety or historic preservation.

Professional Installation of Antenna / Dish

Fixed wireless antennas and satellite dishes for voice and data services must follow FCC guidelines related to radiation exposure and environmental safety. Under the OTARD rules, it is permissible to require that such antennas and satellite dishes installed professionally.

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Links to Relevant Orders and OTARD Rule:
https://www.fcc.gov/media/over-air-reception-devices-rule#links

Disclaimer: This is NOT a legal document but an interpretation of the OTARD rules and regulations, and it should NOT be considered legal advice and NOT be acted on solely based on this article. We recommend you seek local legal counsel and DO NOT rely in any way shape or form on the contents in this article. This is purely meant to be informative.

This article is not a legal document but has been gathered from various sources, predominantly the FCC’s website: https://www.fcc.gov/media/over-air-reception-devices-rule

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