When a homeowner wants a satellite dish or antenna and the CC&Rs seem to say no, federal law usually has the final word. The FCC's OTARD rule limits what an HOA can do here far more than most boards realize. This guide explains what is protected and what an HOA can still control.
Not legal advice. OTARD is a federal rule with specific definitions and exceptions. Consult counsel before enforcing any antenna or dish restriction.
The FCC Over-the-Air Reception Devices (OTARD) rule prevents private restrictions, including HOA rules, from impairing a homeowner's ability to install, maintain, or use certain antennas and dishes. Specifically, a restriction is generally unenforceable if it prohibits the installation, unreasonably delays it, unreasonably increases its cost, or precludes reception of an acceptable signal.
The protection applies when the device is installed in an area that is within the owner's exclusive use or control, such as their own balcony, patio, or yard.
OTARD does not erase every rule. An HOA generally retains authority over:
Key point: an HOA can ask owners to install in the least visible spot that still allows acceptable reception, but it cannot use aesthetics to block a protected installation in the owner's own exclusive-use area.
Replace any flat prohibition with an OTARD-compliant policy: confirm the protected right, allow a simple notice process, and limit restrictions to common areas and genuine safety. Tie it into your architectural review process so requests are handled consistently. See also solar and EV charger rules for another area where newer law limits HOA control.
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or start your free trialGenerally no, for a dish one meter or less in diameter installed in an area the owner exclusively controls, such as their own balcony or patio. The FCC Over-the-Air Reception Devices (OTARD) rule prevents HOAs from prohibiting, unreasonably delaying, or unreasonably increasing the cost of such installations.
No. OTARD protects installations in areas within the owner's exclusive use or control. It does not give an owner the right to install a dish or antenna on common areas, such as a shared roof or exterior wall the association controls.
An HOA can require notice or have an application process, but it cannot use that process to prohibit, unreasonably delay, or add meaningful cost to a protected installation. Restrictions are allowed only where needed for a clearly defined, legitimate safety reason or historic preservation.