Academy/Common Rules & Restrictions
Satellite dishes/antennas
Federal law overrides your board's dish and antenna ban, within limits.
Federal law (the FCC's OTARD rule) bars associations from banning small satellite dishes and antennas built to receive local TV broadcasts. A board cannot prohibit them outright, only apply narrow, evenly enforced rules addressing a real safety concern or a historic preservation requirement, and any restriction must be no more burdensome than necessary.
What the rule actually covers
The FCC's Over-the-Air Reception Devices rule, known as OTARD, protects a short, specific list of devices. A board's "no dishes" rule in the CC&Rs or a separate rule book cannot be enforced against any of them.
| Device | Size limit |
|---|---|
| Direct broadcast satellite (DBS) dish | One meter or less in diameter |
| Wireless cable (MMDS) antenna | One meter or less in diameter |
| Antenna receiving local TV broadcasts | No size limit |
The rule also covers the mast that holds the device up. It reaches any restriction, whether it comes from a state or local law, a covenant, a lease, or an HOA rule, that gets in the way.
"unreasonably delays or prevents installation, maintenance, or use," "unreasonably increases the cost," or "precludes reception or transmission of an acceptable quality signal."
Source: 47 CFR 1.4000, Over-the-Air Reception Devices (OTARD) Rule, Federal Communications Commission (via Cornell LII)
What a board can still restrict
OTARD is not a blank check for residents to mount a dish anywhere they like. A board keeps narrow authority to regulate placement, but only for one of two reasons, and only if the rule applies evenly to every comparable device.
"a clearly defined, legitimate safety objective"
Source: 47 CFR 1.4000, Over-the-Air Reception Devices (OTARD) Rule, Federal Communications Commission (via Cornell LII)
The second allowed reason is protecting a site on, or eligible for, the National Register of Historic Places. Either way, the restriction has to be the least burdensome option available, not just the board's preferred look. A rule requiring a specific mounting location to protect sightlines from the street, for a documented safety or historic reason, can survive. A rule that just says "no dishes" cannot.
What OTARD doesn't reach
OTARD's protection stops at the categories it names. A ham radio antenna, or a broadcast antenna larger than the rule's terms allow, is not a covered device, so a resident cannot point to OTARD to override a board's height limit or setback rule for one. Whether some other state or local law separately protects a ham radio antenna is a question for your own state's statutes, not this rule.
OTARD also only preempts restrictions on the device itself. It does not give a resident permission to ignore an unrelated rule, like a fence setback, just because the dish happens to sit near it.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A homeowner mounts a 20-inch satellite dish on her balcony, an area she has exclusive use of. The board cites its no-dishes rule and orders it removed. Who is right?
A board in a historic district requires satellite dishes to be mounted where they are not visible from the street, citing the district's National Register status. Is this allowed?
A resident wants to install a large ham radio antenna and points to OTARD as protection from the board's height limit. Does OTARD cover this installation?
Sources
- 47 CFR 1.4000, Over-the-Air Reception Devices (OTARD) Rule, Federal Communications Commission (via Cornell LII)
- Over-the-Air Reception Devices Rule (summary), Federal Communications Commission
Related elsewhere in the Academy
Common Rules & Restrictions
Next up: the U.S. flag has its own federal protection, with a similar shape and a similar catch. See Flags.
Whether a specific placement rule counts as a legitimate safety objective or a historic-preservation need, and how local permitting or zoning layers on top of OTARD, depends on your board's own findings and your municipality's rules.