Telecommunications act and otard rule.
Hoa satellite on roof.
There s no inherent right to put a satellite dish on common elements he explains.
With passage of the telecommunications act of 1996 your local hoa is prohibited from enforcing local laws banning or even delaying mounting of a satellite dish that is less than 39 inches 1 meter in diameter.
No matter how ugly your hoa thinks your space gray satellite dish is the board members can t force you to take it down.
In 1996 the federal communications commission fcc adopted rules for over the air reception devices otard rules.
The rule does not allow installation of antennas in commons areas.
It gives tenants the right to put a dish on their balcony railing or patio that is part of their property whether owned or rented.
Revelent part of the act.
Simply put the otard rule makes it so that an hoa is unable to reject resident requests to install a satellite dish simply because of the way it makes a building look.
The reason you received a violation letter and you are being asked to remove the dish is most likely due to the fact that the roof and exterior structure of your condominium is not an exclusive use area and you do not have the legal right to install a satellite dish on the association s common area property.
Government says you can have a satellite dish on the roof of your home condo.
Quick links to document sections below.
See also satellite dishes generally federal preemption.
If you re talking about a townhome and it s a fee simple ownership in which the owner owns the roof the board can t interfere with that.
Civil code section 4725 therefore allows for an association to restrict or prohibit the installation of satellite dishes on common area roofs where the satellite dish would be visible from streets or other common areas.
Preemption of restrictions on placement of direct broadcast satellite broadband radio service and television broadcast antennas.
If you own the home town home the u s.
So for instance otard does not give a condominium owner the right to install a satellite dish on the roof of the building assuming the roof is a common element.
Otard also does not protect antennas which extend outside of the consumer s exclusive use area.
If a homeowner needs to install an antenna on a mast that is more than 12 feet taller than the roof of the home the homeowners association or local zoning authority may.
The owner is able to put a satellite dish on his her roof the exterior walls the backyard or any other place that is part of what he she owns.
