Ground Control to Major Tom
Probably the most violated law I see by Homeowner Associations is restrictions on satellite dishes. The restriction is in nearly every set of Declarations I review and almost all are illegal provisions. Since 1996, the Federal Communications Commission has adopted a rule that 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.
A provision in the HOA Declarations that prohibits all antennas would prevent viewers from receiving signals, and is not allowed by the FCC’s rule. If it would prevent a signal, an HOA can’t require that the dish be in the back yard, not viewable from the street, or other such restrictions. Even procedural requirements such as approval from an architectural review committee or the HOA Board would be found to create “unreasonable delay” and are therefore prohibited. However, a simple notification process (e.g. post installation) might be permissible. The burden is on the association to show that a notification process does not violate the rule.
The only exception would be that prior approval may be necessary to serve a legitimate written safety or historic preservation purpose may be permissible. Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna.
–Bradley A. Coxe is a practicing attorney in Wilmington, NC with Hodges & Coxe PC who specializes in Personal Injury, Medical Malpractice, Homeowner's Associations, Contract and Real Estate disputes and all forms of Civil Litigation. Please contact him at (910) 772-1678.
