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 of the community.
The key element of the OTARD rule is that it prevents any restriction that “unreasonably” delays or prevents the installation or use of satellite dishes or antennas. This means that while homeowners are free to install these devices, HOAs can still regulate their placement. For example, an HOA may restrict satellite dishes to specific areas, like the backyard or the roof, to reduce their visibility from the street or neighboring homes. These kinds of reasonable restrictions allow the HOA to maintain the neighborhood’s visual appeal without infringing on the homeowner’s ability to receive signals.
However, the HOA’s restrictions must be carefully crafted to comply with the OTARD rule. Any rule that obstructs signal reception or prevents installation altogether could be considered unreasonable and therefore unenforceable. This means that while an HOA can regulate where a dish is placed, it cannot create rules that would hinder the functionality of the device. Homeowners still retain the right to install a satellite dish or antenna as long as the placement does not interfere with receiving a signal, even if it means the device may be visible from certain angles.
If a homeowner believes that an HOA’s restrictions are violating their rights under the OTARD rule, they have the option to file a complaint with the FCC. In these cases, the FCC can review the restrictions and determine whether they are reasonable or not. To avoid potential conflicts, homeowners should always review their HOA’s CC&Rs before installing a satellite dish or antenna and seek approval if necessary. This helps ensure that the installation complies with both community standards and federal protections, striking a balance between individual rights and the collective interests of the neighborhood.
If you have any questions or need clarification on your HOA’s restrictions related to satellite dish or antenna placement in North Carolina or South Caorlina, we invite you to contact one of Law Firm Carolina’s experienced community association attorneys. Our team is committed to providing expert guidance and to helping you navigate legal challenges with confidence.