The FCC’s Over-the-Air Reception Devices (OTARD) rule stops your HOA from banning most satellite dishes and antennas. It preempts conflicting CC&Rs, association rules, deed restrictions, and architectural-committee approval requirements. It is self-executing: a prohibited restriction is void, and you may install a covered device even if a rule says otherwise.
What antennas are protected
Three categories (47 C.F.R. § 1.4000(a)(1)):
- Dish antennas 1 meter (39.37″) or less in diameter (any size in Alaska) for satellite TV or fixed wireless.
- Antennas 1 meter or less for wireless cable or to receive/transmit fixed wireless signals.
- Over-the-air broadcast TV antennas — no size limit.
A 2021 FCC update (FCC 21-10, effective March 29, 2021) extended the rule to certain hub and relay antennas that distribute broadband-only fixed wireless, as long as one also serves a subscriber at that location.
Where the rule protects you
Only in areas you exclusively use or control — your own lot, or a patio, balcony, terrace, yard, or garden that is yours alone. It does not cover common or shared areas the association owns or controls (common roofs, exterior walls, hallways, common grounds) — the HOA keeps authority there.
What your HOA cannot do
- Ban covered dishes/antennas in your exclusive-use area.
- Require pre-approval that unreasonably delays or prevents installation.
- Charge unreasonable fees or bonding/insurance that raise the cost.
- Dictate placement in a way that unreasonably impairs the signal, raises cost, or delays install (§ 1.4000(a)(3)).
What your HOA legitimately can do
- Impose restrictions necessary for a clearly-defined, legitimate safety objective, applied evenhandedly and no more than needed (§ 1.4000(b)(1)).
- Protect a recognized historic district (§ 1.4000(b)(2)).
- Regulate association-controlled common areas.
- Adopt reasonable placement preferences that don’t impair reception or install.
The HOA has to prove its restriction is valid
This is the powerful part. Under § 1.4000(g), “the burden of demonstrating that a particular restriction complies with this section shall be on the party that seeks to impose or maintain the restriction.” If the HOA challenges your dish, it must prove the restriction is allowed — you don’t have to prove it isn’t. You may install and use the device, raise the rule as a defense, or file a Petition for Declaratory Ruling with the FCC (§ 1.4000(e)).
Arizona law on the same topic
- A.R.S. § 33-1816 — Arizona: rooftop solar restrictions (a related preemption)