Restrictive covenants are a cornerstone of community association governance, providing a framework for maintaining the character and harmony of residential developments. However, these covenants, which function as binding agreements between property owners, are often the subject of disputes that test the balance between individual property rights and the collective interests of the community. It is important for community managers and board members to understand how courts approach certain issues and be familiar with recent legal trends. The recent case of Fowler v. Burnham out of Florida provides important insights into the enforceability of restrictive covenants when an injunction is sought … Continue reading
Author Archives: Cameron Morris
How Homeowners Associations Can Regulate Satellite Dish and Antenna Placement Despite OTARD
Homeowners’ associations (HOAs) are established to maintain the aesthetic value and overall harmony of residential communities by setting rules, often outlined in covenants, conditions, and restrictions (CC&Rs). One area where these regulations often intersect with federal law is the installation of satellite dishes and antennas. In 1996, the Federal Communications Commission (FCC) enacted the Over-the-Air Reception Devices (OTARD) rule to protect homeowners’ right to install these devices, ensuring they can access communication services like satellite television and radio. However, while OTARD protects the right to install these devices, it also allows HOAs to impose certain limitations to maintain the appearance … Continue reading