How do we rewrite our HOA's satellite dish and antenna rule so it follows the FCC rule?

By OurHOA · General information · Revised November 12, 2026

How an HOA board rewrites its satellite dish and antenna rule to fit the FCC OTARD rule: what to delete, placement preferences, safety terms and sample wording.

Part of the HOA board handbook: running the board.

The short answer

If your covenants or rules say "no exterior antennas" or "dishes require committee approval," that language is unenforceable against most of the dishes and antennas owners put up today. The federal over-the-air reception devices rule, 47 CFR 1.4000, overrides any homeowners' association rule that impairs a covered antenna on property the owner has exclusive use or control of. The board's job is to replace the old rule with one that says what the association can still require: a written list of placement preferences, real safety terms, and the areas the rule does not reach, such as common roofs and walls. The FCC publishes no sample guidelines. Rules also vary by state and by your governing documents, so treat this as education, not legal advice, and have the association's attorney read the draft before the board adopts it.

What the federal rule protects and what it leaves alone

Under 1.4000(a)(1), the rule covers: - satellite dishes one meter (39.37 inches) or less in diameter used for satellite TV or for satellite internet and other fixed wireless service - other fixed wireless antennas one meter or less, such as a fixed wireless internet antenna on the eave - antennas that receive local television broadcast signals, at any size - the masts that hold any of these Section 1.4000(a)(2) leaves out amateur (ham), AM and FM, and CB radio antennas. Those stay under your normal architectural rules. The rule also has limits on location. It protects installations on property where the owner or tenant has an ownership or leasehold interest and exclusive use or control. For a single-family owner that is the whole home and lot; for a condo owner, their own balcony, deck or patio. It does not include common areas such as a shared roof, exterior walls, hallways or common ground, and it does not cover an antenna that hangs out past a balcony railing. Renters who lease the space get the same protection as owners.

Audit the old language before you draft

Search the declaration, architectural guidelines, rules and old resolutions for antenna, dish, satellite, aerial and mast. Mark each hit delete, rewrite or keep. Delete these, because the FCC page names them as generally prohibited for covered antennas: - a flat ban on dishes or exterior antennas - a requirement to get committee approval or a permit before installing - an application fee - a requirement that receive-only dishes be professionally installed - a one-antenna limit when the service needs more than one - a screening requirement that forces expensive landscaping around a small dish Keep, and often tighten, the parts that govern common property: no mounting on the shared roof or exterior walls of attached buildings, and no drilling through common walls without written permission. If the ban sits in the recorded declaration, the board usually cannot amend it alone. Adopt a board rule that states how the association will apply the covenant under federal law, and put the covenant amendment on the list for the next owner vote.

Write placement preferences that will hold up

The FCC allows an association to state where it would like antennas to go, as long as the preferences are written, available to every resident, and give way when the preferred spot would cost noticeably more or block the signal. Wording a board can adapt: "Antennas covered by 47 CFR 1.4000 should be installed in the first location on this list where an acceptable quality signal can be received without unreasonable delay or added cost: (1) inside the home or attic; (2) the rear of the home or the rear yard; (3) the side of the home, set back from the front corner; (4) the rear or side roof slope below the ridge; (5) any other location within the owner's lot or exclusive use area. An owner who uses a lower-priority location is not required to show the association why the higher ones did not work, but the association may ask after installation." The last sentence matters. If the preference becomes a required proof step before installing, it starts to look like the prior approval the FCC says is generally prohibited. You can add that a dish visible from the street should be painted to match the surface behind it, since the FCC calls that acceptable as long as it does not hurt reception or add unreasonable cost.

Safety terms and the 12-foot mast line

Section 1.4000(b)(1) lets a restriction stand if it serves a clearly defined safety objective, and the objective has to be stated in the rule itself or in a document residents can easily get. The restriction must be no more burdensome than necessary, and it must treat comparable fixtures the same way. Write the reason into each clause. Sample terms: - "For fire and electrical safety, no antenna or mast may be installed within [distance from your local code or utility] of an overhead power line." - "To keep fire exits clear, no antenna may block a door, egress window or stairway." - "To prevent wind damage to neighboring property, antennas and masts must be secured to the manufacturer's installation instructions." Masts are the one place where a permit can still apply. The FCC page says an association may require a safety permit for a mast that rises more than 12 feet above the roofline, must grant it if the safety requirements are met, and may not prohibit the installation unless there is no way to do it safely. Write that limit into the rule with a deadline for the decision. For antennas that transmit, such as fixed wireless internet units, the FCC says the safety exception can support a professional installation requirement based on a real concern such as RF exposure. For receive-only dishes, it generally may not. Section 1.4000(b)(2) also allows narrow limits in a district on or eligible for the National Register of Historic Places.

Adopt the rule under your state's procedure

State law and your documents decide how the rule is adopted. Our guide on how to adopt a new HOA rule and notify owners covers the general process; these state steps trip boards up most. Texas. Property Code 202.001(1)(B) counts properly adopted association rules as dedicatory instruments, and 202.006(b) says a dedicatory instrument has no effect until it is filed in the real property records of the county. Record the new antenna rule, and record the resolution that withdraws the old one, before anyone tries to enforce it. Florida. Section 720.303(2)(c)2 requires written notice of any board meeting where amendments to rules regarding parcel use will be considered. It goes to members by mail, delivery or electronic transmission and is posted on the property at least 14 days before the meeting. An antenna placement rule governs how owners use their parcels, so give the 14 days. Colorado. Section 38-33.3-302(1)(a) gives the association power to adopt and amend rules, and 38-33.3-209.5(1)(b)(VII) requires a written policy on how the association adopts and amends policies, procedures and rules. Follow that policy, including any owner comment period it sets. Then send the rule to every owner. A placement preference residents never received is hard to enforce.

Handling complaints and disputes

Before any violation letter about a dish already up, answer three questions in the file: Is it a covered antenna? Is it inside the owner's lot or exclusive use area? Is the board enforcing a written safety term, or a placement preference the owner may not have been able to follow? On a placement issue, ask in writing whether the preferred location would have worked, and accept a reasonable installer explanation. Before pushing further, know the procedure. Section 1.4000(e) lets either side ask the FCC for a declaratory ruling or go to court. Under 1.4000(g), the association carries the burden of showing its restriction complies. Under 1.4000(a)(4), once a proceeding is filed the association must suspend enforcement of anything except safety and historic restrictions, and no fines or attorney fees accrue while it is pending. If the owner loses, the owner gets at least 21 days to comply before any fine can be collected. An association that files must also notify its members under 1.4000(f). For a single dish, that is rarely worth it. Our guide on whether an HOA can restrict a Starlink or satellite internet dish is a good page to send owners who ask why the old rule changed.

Mistakes boards make

Replacing the ban with a "simple" approval form. A form submitted before installation is still prior approval. If the board wants records, use a short notice the owner sends after installation, and keep in mind the FCC says the association carries the burden of showing even a notification process does not delay installation or add cost. Calling an aesthetic rule a safety rule. A clause about dish color with "for safety" added to it will not survive a challenge, and 1.4000(b)(1) requires that safety limits apply in the same way to comparable fixtures, such as air conditioning units. Forgetting the condo roof. In attached buildings the common-area rules do most of the work. Say plainly that owners may not mount on the shared roof, exterior walls or railings beyond the balcony, and that the association will not drill through common walls without a written agreement. Leaving the old rule on the website, in the welcome packet or on the architectural application.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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