Condominium, townhome or homeowners association board members are often confronted with the situation where a resident desires to install a satellite dish or antenna on the resident's property or on the common areas. For various reasons, many board members oppose satellite dishes or antennas, especially if installed on the common elements. However, under recent Federal Communications Commission (FCC) guidelines, board members cannot unreasonably restrict the installation of satellite dishes or antennas on certain portions of the property.
Telecommunications Act of 1996
In August, 1996, the FCC adopted article 207 of the Telecommunications Act of 1996, entitled "Restrictions on Over-the-Air Reception Devices". This rule invalidates any provision of an association's declaration, by-laws or rules and regulations which prohibits an owner from installing a satellite dish less then one (1) meter in diameter on portions of the property where the owner has exclusive use or control and has a direct or indirect ownership interest in the property.
Condominium Associations
In condominium associations, a homeowner generally has exclusive use and direct or indirect ownership of their dwelling unit and the limited common elements appurtenant to the unit. A limited common element is defined as those portions of the common elements designed for the exclusive use of a single unit. The Illinois Condominium Property act classifies balconies and patios, among other items, as limited common elements. Therefore, under the FCC regulations, condominium boards may not unreasonably restrict owners from installing satellite dishes and antennas on the balconies and patios serving their unit.
Townhome or Homeowner Associations
In a townhome or homeowner association, the owner's right to install a satellite or antenna may differ from that of a condominium owner. Generally, in a townhome or homeowner's association, the exterior of the building, home and/or the lot are owned entirely by the homeowner and are designed for the homeowner's exclusive use. Of course, this depends on the associations' governing documents. However, if the satellite dish or antenna location is not owned by the homeowner or is not designed for his/her exclusive use, then the board may preclude the homeowner from installing the satellite dish or antenna.
Reasonable Rules and Regulations by the Association
In all instances (condominium, townhome or homeowner association), if the homeowner is allowed to install a satellite dish or antenna under the FCC guidelines, the board may still adopt reasonable rules and regulations regarding the installation. For instance, the board my require owners to paint or screen the satellite dishes. The board could also require owners to place a satellite dish or antenna in a location where they a not visible from the street. However, any rule or regulation regarding satellite dishes or antennas will only be allowed if it does not: (1) unreasonably delay or prevent installation; (2) unreasonably increase the cost of installation; or (3) preclude reception of an acceptable quality signal.
Summary
In summary, condominium, townhome and homeowner associations may prohibit owners from installing a satellite dish or antenna on the common elements. However, an association cannot unreasonably restrict a homeowner from installing a satellite dish or antenna less than one (1) meter in diameter on portions of the property where the owner has exclusive use or control and has direct or indirect ownership interest in the property. Board members may require owners to comply with reasonable rules and regulations such as the color of the dish, proper screening or the placement of the dish and professional installation.
There are numerous cases interpreting the FCC guidelines. As a result, it is important that board members consult the association's attorney prior to removing or prohibiting an owner from installing a satellite dish or antenna.
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