It is not uncommon to see a satellite dish in HOA neighborhoods. But given the way these communities operate, many wonder if there are any restrictions on satellite dishes and antennas that residents should know about. Can an HOA prohibit satellite dishes in the first place? And what types of restrictions are permitted?
Can a Homeowner Install a Satellite Dish in HOA Communities?
While not as common today as they were a decade ago, satellite dishes remain a fixture in many neighborhoods. In planned developments, homeowners don’t have as much freedom to modify their homes. There are many rules and restrictions they must adhere to, including architectural standards.
Still, when it comes to satellite dishes, federal law prevails. The Over the Air Reception Device Rule protects the right of homeowners to install satellite dishes and antennas. According to the OTARD Rule, homeowners associations can’t enact rules that “impair a person’s ability to install, maintain, or use” satellite dishes or antennas that fall under the rule.
This HOA satellite dish law is designed to give residents broader access to satellite dishes and antennas. Many HOA communities prohibit similar modifications or additions to preserve the aesthetic appeal of the neighborhood. With this law in place, associations can’t impose a blanket prohibition.
Prohibited Restrictions Under the OTARD Rule in Illinois
The OTARD Rule is a federal law, which means it applies to all associations nationwide. According to this rule, associations can’t prohibit or impair homeowners’ ability to install, use, or maintain satellite dishes. A rule is considered an impairment if it:
- Unreasonably prevents the use or delays the installation of the dish;
- Raises the cost of installation or maintenance unreasonably; or,
- Prevents a resident from getting an acceptable quality signal from the satellite dish.
Additionally, rules can’t limit residents to only one satellite dish in HOA communities if more than one is required to obtain the desired services. Associations also can’t charge a fee, even if it’s refundable, to homeowners who wish to install or use satellite dishes.
Can a Unit Owner Install a Satellite Dish in Condo Communities?
The OTARD Rule also applies to condominium associations. Condo associations can’t prohibit unit owners from installing, maintaining, or using satellite dishes or antennas.
That said, this satellite dish condominium law does have its exceptions. Unit owners can’t install satellite dishes or antennas in a common element. If the roof is a common element, unit owners can’t install satellite dishes there unless the board gives its approval.
Sometimes, installing a dish on a balcony won’t provide the correct reception. In such cases, owners may want to install the dish beyond the balcony. If the space beyond the balcony counts as a common element, owners will need to seek approval from the condo board before installation.
Ultimately, unit owners can’t install satellite dishes on a common element. They can only do so within a limited common element or exclusive-use element. In circumstances where the condo has a central or common antenna that residents can share, the association may restrict owners from installing individual ones.
Does the OTARD Rule Apply to HOA Common Areas?
The OTARD Rule applies to individual or private properties within community associations. This means that homeowners can’t install satellite dishes or antennas on common property.
The HOA itself, through its board, is the only entity with the authority to install a satellite dish in HOA common areas. If a homeowner wishes to install a satellite dish on HOA-owned property, they must secure permission from the board first.
Sometimes, drilling through a common element is necessary to install a dish on private property properly. In such cases, the owner will still need to get approval from the association board. Due to the risk of rejection, owners should check with their provider first before committing to a purchase.
Permissible HOA Rules on Homeowners Satellite Dish
While blanket prohibitions aren’t allowed under the OTARD Rule, there are exceptions. Here are the HOA satellite dish restrictions that associations may enforce.
Safety
Associations may enforce legitimate safety rules, provided they are clearly defined within the governing documents. For example, an HOA may require owners to comply with local fire codes or prohibit them from installing dishes too close to power lines.
Historic Preservation
Associations may enact rules that support historic preservation. These rules apply even if they impair a person’s ability to install or use a satellite dish.
Of course, not all associations qualify for historic preservation. An HOA may only enforce such restrictions if it has structures, areas, or properties that fall under or are eligible for the National Register of Historic Places.
Insurance
To install a satellite dish in HOA communities, an association may require owners to obtain adequate insurance coverage. Liability insurance will cover any damage or risk that the satellite dish may cause to the property or another person. That said, HOAs can’t collect a fee or deposit from residents to allow them to install the dish.
Size and Placement
Associations may regulate the size and placement of the satellite dish in the HOA. Generally, the standard for personal satellite dishes is below one meter in diameter.
As for placement, associations may restrict the location based on safety reasons. For example, an HOA may prevent owners from installing dishes in fire exits, doorways, or walkways. Associations can also restrict installations that may cause structural damage to the property.
Furthermore, associations can provide pre-selected locations. Most communities prefer dishes installed on the back of the unit within a specific height range. Still, such a restriction should not violate the OTARD Rule.
Board members must ensure that size and placement restrictions are included in the CC&Rs. If not, they might not have the power to enforce them.
The Bottom Line
Having a satellite dish in HOA communities is a right for homeowners. Thanks to the OTARD Rule, associations can’t prohibit the installation of these dishes unless they pose a safety risk or interfere with historic preservation. Board members must understand this law to avoid breaching homeowner rights and exposing the association to liability.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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