Satellite dishes have long been source of contention in homeowner associations. Many HOAs prior to 1996 had bans on them in their governing documents which made the issue moot. However, the FCC (Federal Communication Commission) made those bans all illegal in 1996.

That year, the FCC determined that receiving satellite signals was, apparently, a basic right like free speech. Their logic was fueled by a massive lobbying effort by the satellite dish industry. The regulations produced in 1996 were very strict and essentially prohibited HOAs from interfering with these installations. And, to no one's surprise, dishes sprouted like fungus on the building roofs, walls, eaves and fences.

Due to the many complaints from HOAs, the FCC agreed to soften the rules in 1999. Officials were convinced that owner rights hinged on ability to receive a clear signal and the HOAs rights hinged on curb appeal considerations. Thus, a compromise was struck. Some of the changes approved by the FCC include:

1. HOAs are allowed to restrict installations where there is a "legitimate safety objective."
2. HOAs may require permits when there is a historic preservation objective.
3. HOAs may impose painting requirements so long as they do not impair reception.
4. HOAs may mandate the location of dishes provided that "acceptable quality signals" can be received.
5. HOA residents may install dishes on balconies and patios where they have exclusive use.
6. HOAs may prohibit installation of individual dishes if the association installs a central dish system which provides the same service or provider as the owner would have chosen; provide signal quality at least as good as what would be received; the cost for installation, use and maintenance of the central system must not exceed the cost of an individual dish; and the system must not unreasonably delay reception. The association must reimburse an owner if it requires the removal of an existing dish in favor of a central system.
7. HOA Renters have the same rights as owners in these matters.

If there are still any homeowner associations out there with satellite dish bans, it's time to clean up the illegal language and replace it with something like: “Satellite dish and antenna installations are subject to FCC regulations and the rights afforded to homeowner associations to control their location. See the Board or Manager for more details before installing one.”

Current regulations allow reasonable control to HOAs in most cases. In coming years, new technology will reduce the size of dishes even further or eliminate them entirely. Until then, do as Big Brother requires. Don't get caught dis'n the satellite dish in your homeowner association. For more on this, go to Regenesis.net and click on “Satellite Dish Regulations”.

Published: May 15, 2002

Use of this article without permission is a violation of federal copyright laws.

Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .