Can home owner's associations regulate satellite dishes?

A HOA usually has complete control over the external appearance of the structures within the HOA. But does this control also include satellite dishes placed on an owner's property? Can an HOA restrict or prohibit a property owner within an HOA from placing such a dish on the owner's property?The answer to this question is found in federal statutory law and the US Constitution. The US Constitution has a provision, Article VI, which provides that federal law is "supreme" over state and local law. This means that if there is a conflict between federal law (statute or regulation), and some local rule, even a rule by an HOA, the federal law will prevail.As directed by Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the "Over-the-Air Reception Devices" Rule concerning governmental and non-governmental restrictions on viewers' ability to received video programming signals from direct broadcast satellites, multi-channel multi-point distribution provides (wireless cable), and television broadcast stations.This rule prohibits restrictions that impair the installation, maintenance, or use of antennas used to receive video programming. The federal rule prohibits most restrictions that (1) unreasonably delay or prevent installation, maintenance or use of satellite dishes, (2) unreasonably increase the cost of installation, maintenance or use of these devices, or (3) preclude reception of an acceptable quality signal.In 1999, the Commission amended the rule so that it also applies to RENTAL property where the renter has an exclusive use area, such a s a balcony or patio.The federal rule applies to viewers who place antennas that meet size limitations (antennas that are one meter or less in diameter) on property that they own or rent that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.By FCC order, the rule applies to HOAs.The rule allows local governments, community associations (HOAs), and landlords to enforce restrictions that do NOT impair the installation, maintenance, or use of the types of antennas and dishes used to receive tv signals.This FCC rule, and federal statute, grant to homeowners, HOA residents, and renters an "affirmative right" to own what are known as "over the air radio devices" on their homes.This means that even private organizations such as HOAs cannot ban the devices – satellite dishes, radio and television antennae, and the like – so long as the homeowner or tenant installs it on the property that they own or rent, and not on common areas.This issue of installing over-the-air devices on home is going to be particularly interesting and relevant as consumers start using "WiFi" technology for their internet and computing connections.HOAs may well claim that residents there cannot install this kind of technology, but the federal statute could be interpreted to mean that users are within their rights to use them.Even more interesting is the fact that even though a resident within an HOA may have agreed to certain restrictions and even though a tenant may have agreed to similar restrictions, federal law still controls.This federal law (the law disallowing restrictions or prohibitions on the use of satellite dishes) applies to where the viewer has an ownership or leasehold interest, and exclusive use and control of the area where the dish will be. The fact that the building management or the HOA may enter an area for purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area.Likewise, if the landlord or HOA regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the FCC rule.The federal government is obviously interested in ensuring that nothing will stand in the way of a viewer and the signal. And federal law will supersede any local rule or HOA covenant.@Issue can be seen Sunday, Jan. 23, 2005, at 10 p.m.REFERENCESwww.fcc.gov/mb/facts/otard.htmlIn the Matter of Michael and Alexandra Pinter, DA 04-2839 (FCC, Aug. 30, 2004)Pub.L. 104-104, § 207Ryan Morgan, Dishes Out of HOA Reach, Boulder Camera (Sept. 29, 2004)