top of page

What if my homeowner's association says NO ANTENNAS?

Sorry, Charlie, they can't do that. Regardless of what your bylaws say, no association can prevent you from installing a television antenna and receiving free HDTV broadcasts. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites and television broadcast stations. 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, TV antennas, and wireless cable antennas. The rule prohibits most restrictions that unreasonably delay or prevent installation, maintenance or use; unreasonably increase the cost of installation, maintenance or use; or preclude reception of an acceptable quality signal. Those rules give you quite a wide leeway in your freedom to pursue free HDTV happiness.

Many HOA agreements preclude you from placing antennas in certain locations - for example, like visible from the street, on a porch or patio, in front of a lake, or somewhere else that might make your neighborhood look kind of trailer-parkish. However, if you can prove that a restricted place is the best place to mount your HDTV antenna to receive optimum signal, the HOA rule may be struck down and nullified by the Federal Government.

So when that hoity-toity board member hassles you when you're setting up your new Yagi antenna smack-dab on the middle of that beautiful Roman fountain on your front lawn, print a copy of the official FCC rule to shut her yapper. You can find that here: https://www.fcc.gov/media/over-air-reception-devices-rule

bottom of page