Homeowner Associations Regulations
Homeowner Associations & Satellite Dishes
Many homeowners' and condominium associations have governing documents with provisions prohibiting the installation of satellite dishes and other antennas where they are visible from the street or from neighboring properties. While such provisions have been enforceable in the past, recent congressional legislation has substantially changed the law.
The legislation, known as the FCC rule, says that associations may not enforce these regulations in certain situations if it would "impair the installation, maintenance or use of" such antennas. The only exceptions are if the restrictions involve safety or to preserve historic districts.
The FCC rule applies to the ability of viewers to receive signals from direct broadcast satellites (DBS), wireless cable providers (MMDS), and television broadcast stations (TVBS). The FCC rule covers DBS dishes less than one meter in diameter, MMDS dishes less than one meter in diameter on masts less than 12 feet, and TVBS antennas on masts less than 12 feet.
This ruling does not mean that associations are prohibited from regulating dishes and antennas entirely. In many, if not most situations, a quality signal for a small satellite dish can be obtained from a location not visible from the street or neighboring properties. If that is the case, an association rule requiring that placement is enforceable. If that hidden location does not allow the reception of a quality signal, other less obtrusive locations or screening can be required, as long as they do not cause unreasonable costs or delays.
To discuss this or other homeowner's association concerns, contact our office or call 623-239-4422 to speak with an experienced Arizona attorney.