Satellite Dishes
Q. We are having a problem that we are not quite sure how to address concerning the installation of satellite dishes. Some owners are putting them on the front part of their roofs and other places which are unsightly. We are a homeowners’ association of about 200 homes and want to make sure we have the authority to control the installation of satellite dishes. Can you give us some guidance?
A. Satellite dishes have long been a source of contention and confusion in homeowners’ associations and condominiums. Prior to 1996 many associations did not allow satellite dishes of any type unless they were part of a common system owned by the homeowners’ association. This was also true for most condominiums. However, in 1996 the FCC (Federal Communication Commission) passed regulations that require associations to allow satellite dishes in HOAs and in condominiums under certain circumstances.
That year, the FCC determined that receiving satellite signals was a basic right, much like free speech. The regulations produced in 1996 were very strict and essentially prohibited associations from having prior approval rules affecting these installations if the dish was less than one meter, but did not speak to the issue for condominiums. The result was that dishes popped up like mushrooms on condominium roofs, walls, eaves and fences.
The regulations apply to the following types of antennas:
· A "dish" antenna that is one meter (39.37") or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
· An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
· An antenna that is designed to receive local television broadcast signals. Masts higher than 12 feet above the roofline may be prohibited.
Due to the many complaints from associations, a couple years later the FCC agreed to ease the rules. The FCC decided that while owners had a right to receive a clear signal, the associations had a right to consider appearance and safety issues. Some of the changes approved by the FCC include:
· Associations are allowed to restrict installations where there is a "legitimate safety objective".
· Associations may require permits when there is a historic preservation objective.
· Associations may impose camouflaging requirements so long as they do not impair reception or cost more than a nominal amount.
· Associations may mandate the location of dishes provided that "acceptable quality signals" can be received from these locations.
· Associations 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 to owners the cost of removal of an individual antenna and the value of the antenna removed.
· Association renters have the same rights as owners in these matters.
Also, these regulations apply to antenna users who live in multiple dwelling unit buildings, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use and the regulations apply to these areas. The regulation does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Condominium owners are not entitled to install any part of a satellite system on a common element. For example, the regulation would not allow drilling through the exterior wall of a condominium or rental unit and, therefore, association restrictions may prohibit installation that requires such drilling.
It was once popular to write prohibitions of satellite dishes in association declarations or rules. If your current regulations ban satellite dishes, it's time to change your covenants as follows: “Satellite dish and antenna installations are subject to FCC regulations and the rights afforded to the association to control their location. Satellite dishes and the placement of same are subject to reasonable regulations by the Association with respect to location and appearance.” The specific regulations should then be written in a manner which best suits your association.
In conclusion, current FCC regulations allow reasonable control of antenna installations by associations. In coming years, new technology will most likely reduce the size of dishes even further or eliminate them entirely.