Condos cannot forbid satellite dishes or antennas

In the 1990s, the FCC promulgated rules and regulations prohibiting restrictions that would interfere with the individual right of homeowners to install, maintain and use small satellite dishes in areas within the owner’s “exclusive use or possession.” 47 C.F.R. Section 1.4000 (the rules); see Second Report and Order, F.C.C. 98-273 (1998) (adopting rules); Section 207 “Restrictions on Over-the-Air Reception Devices” of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 114. The FCC defended the regulations as a constitutionally lawful exercise of authority delegated to the FCC by Congress and in accordance with the Commerce Clause. Initially, the regulations strongly favored the individual homeowner, but the FCC relaxed the restrictions over time in response to complaints by homeowners associations. Currently, under the Rules, homeowners associations (HOA’s) may impose reasonable “time, manner, and place” restrictions when necessary to address legitimate and clearly articulated safety or historic preservation issues, provided such restrictions are as narrowly tailored as possible, impose as little burden as possible, and apply in a nondiscriminatory manner to all members of the homeowners association. Courts have held that homeowners associations may impose restrictions related to aesthetic camouflaging and location as long as the restrictions do not impair clear signal reception or cause discriminatory effects.  The restrictions must not impair installation, maintenance or use of the dish or antenna.

See, e.g., Lemle Realty Corp. v. Desjardin, 787 N.Y.S.2d 678 (2004) (recognizing the right of homeowners to install a satellite dish on a patio or balcony but not on the roof without prior permission).