As many homeowner association boards will tell you, satellite dishes continue to be a hot issue. In 1996, the Federal Communications Commission (FCC) adopted detailed regulations which dictated what a board can and cannot do in restricting satellite dishes and other multi-point distribution systems. While many HOAs have adopted rules and regulations which incorporate the FCC regulations, the question still arises as to how the board can enforce those restrictions when an owner installs a device violating those rules.

The current FCC guidelines prohibit HOAs from unreasonably restricting television antenna and satellite dishes that are one meter or less in diameter. This rule applies only to those areas where a unit owner has a direct or indirect ownership interest and exclusive use or control. In the case of condominiums, this rule would essentially apply to the limited common elements, such as balconies, decks or patios. An HOA may prohibit or restrict the devices on the common areas such as the roof, exterior portions of the building, or on the common grounds.

Under the guidelines, a satellite dish restriction is valid unless it:

1. Impairs the reception of an acceptable quality signal,
2. Unreasonably prevents or delays installation, maintenance or use, or
3. Unreasonably increases the cost of installing, maintaining or use.

Let’s assume that a board has adopted a rule which prohibits the installation of satellite dishes on the common area roof and an owner has one installed there anyway. The HOA should have a schedule of fines which includes satellite dish placement. An initial fine of, say $25, plus $5/day is usually a powerful incentive for most violators to comply.

What about the HOA simply having the offending dish removed? The FCC regulations are very stringent on this matter so it’s advisable, if the owner refuses to remove the dish, to file suit to have it removed by court order. This prevents the owner from claiming that the HOA removed their personal property without authorization. Further, the Board has a judge’s decision that it acted in a reasonable way. And, the HOA is entitled to recover its legal fees in the event it is forced to file a lawsuit.

Even though the FCC procedure complicates the issue, be assured that the HOA can still have substantial control over dish placement. Since this is an important curb appeal issue that impacts market value, the board should establish a clear placement and fine policy to avoid the many likely challenges in the future.

For more on HOA law, see Regenesis.net "Statutes".

Published: August 13, 2003

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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 .