Will my HOA's make me take down the Direct TV Dish?

Question

I live in a condo complex. Some of the other units have a dish mounted on top of their patio roof in plain site. Some units have it mounted on a tripod in their balcony. They are all upper units though. We had one installed, but live in a lower unit. The dish is attached to our patio fence on the outside and sticking out a little since we couldn't have mounted inside the patio. Anyone think the HOA's are going to have a stink about this? I called them before hand and they said as long as the dish is not on the roof or in a common area (which it isn't). But they said, still, try and keep it as discreet as possible.........now I am worried.

Answer 1

Thanks to a ruling by the FCC the broad answer is no, they cannot prohibit you from installing the antenna. But, there are a few exceptions and/or restrictions.

Here is the web site:  http://www.fcc.gov/mb/facts/otard.html

This is an excerpt from the FCC web site:

The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and 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.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available,  a community association or landlord  may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

Answer 2

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