SATELLITE DISHES

By Adrian J. Adams, Esq., Adams & Kessler LLP

Associations may not (i) prohibit or unreasonably delay the installation, maintenance or use, or (ii) unreasonably increase the cost of installation, maintenance or use of satellite dishes up to 1 meter (39.37 inches) in size in areas that residents own or have exclusive use. Associations can request notification prior to installation, but cannot require a pre-approval application process or impose any fees or charges.

Balconies and Patios. For condominiums, areas of exclusive use are usually balconies and patios. Condominium associations can prohibit anything that extends beyond the balcony boundaries, including installations on balcony railings and patio fences. If an owner does not have an exclusive use balcony or patio, the association is not obligated to provide a place to install an antenna.

Roofs. Condominium associations can prohibit owners and tenants from installing dishes on common area roofs. For townhouses, if the CC&Rs define roofs as exclusive use common area, owners and tenants may install satellite dishes on their roofs. FCC 2003 Ruling. If an owner needs to install an antenna on a mast that is more than 12 feet taller than the roof of the home, the association may require a permit to ensure safety, but may not prohibit the installation.

Walls. Residents do not have the right to drill through exterior common area walls to run cable from the patio into the unit.

Windows. Owners may install satellite dishes inside their own units.

Camouflage. Associations can require owners to camouflage their antennas so they blend into the background, provided it does not interfere with reception or impose unreasonable costs. This includes painting the antennas and screening or landscaping around antennas.

Number of Antennas. Associations cannot restrict owners to one (1) antenna if more than one is necessary to receive the desired service.

Other Antennas. Associations can prohibit antennas that are not designed to receive television signals such as radio antennas, citizen band towers and/or parabolic dishes that receive or transmit signals other than television signals.

Safety. Associations may adopt clearly-defined, safety restrictions, even if they impair installation, maintenance or use, provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety.

Central Antenna. Under some circumstances where a central or common antenna is available, an association may restrict the installation of individual antennas.

FCC FAQ Sheet. For more information, see the FCC's 2005 FAQ Sheet.

Adrian J. Adams, Esq., is a Managing Partner of the law firm of Adams & Kessler LLP