We often hear that a homeowner’s association (HOA) or other similar groups will not let someone install an antenna on their condo or house. Yet the rules are clear, you have every legal right according to the FCC to install an antenna even on a condo if you own it. Yes, according to the FCC HOAs cannot legally prevent you from installing an antenna on your house or condo as long as you follow some rules the FCC has set.
The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37″) in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.
Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.
On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule does not apply for a few areas like common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.
For further information or a copy of the rule, contact the Federal Communications Commission at 1-888-CALL FCC (1-888-225-5322), which is a toll-free number, or 202-418-2120. The rule and Commission decisions interpreting the rule are available via the Internet by going to links to relevant Orders and the rule.
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