In today’s society, staying connected is essential, whether through broadcasting services or the internet. This is the premise of the Over the Air Reception Devices or OTARD rule, which protects the rights of the people to install these devices. But how does it impact your HOA community?
What is the OTARD Rule?
The OTARD rule was introduced as part of the Telecommunications Act of 1996. This rule removed barriers to installing and using over-the-air reception devices such as small satellite dishes, TV antennas, and wireless antennas for broadband access.
According to the rule, restrictions that unreasonably prevent the installation, use, and maintenance of over-the-air reception devices are prohibited, including in planned neighborhoods like HOA communities. It aims to help ensure that people have reliable access to telecommunications and broadcasting services.
The OTARD rule covers devices installed on a homeowner’s property that are exclusively used or controlled by the owner. However, it doesn’t extend to common areas in an HOA community since the association maintains that.
Recent Updates and Future Developments
Since its introduction in 1996, technology in telecommunications and broadcasting has tremendously evolved. To keep up with the times, the FCC tried expanding the rule in 2021, considering the new advancements.
In the update, the FCC included more models of fixed wireless devices that connect to the internet via broadband access. In the future,
OTARD Rule and HOA Communities
HOAs often implement rules to maintain aesthetic standards, ensure uniformity, and regulate community property modifications. These rules may conflict with the OTARD rule, particularly when restricting reception device installation on individual properties.
Typical HOA covenants, conditions, and restrictions (CC&Rs) include prohibitions on visible satellite dishes or antennas to preserve the community’s appearance, requirements for devices to be installed in less conspicuous locations (even if these locations reduce signal quality or increase installation costs), and mandates for prior approval from the HOA before any installation, potentially delaying access to services.
The OTARD rule pre-empts HOA regulations that conflict with federal law. For instance, an HOA cannot enforce a blanket ban on satellite dishes or demand installation in suboptimal locations if doing so impairs the device’s functionality. However, HOAs retain the authority to regulate installations in common areas or impose reasonable restrictions for safety and preservation purposes.
Exceptions and Limitations of the OTARD Rule in HOA Communities
While the OTARD rule provides decent protections for homeowners, it is not absolute. Several exceptions and limitations are implemented to balance individual rights with the community interests in mind.
Prohibited Restrictions Under the OTARD Rule
At the base level, the OTARD rules prevent HOAs from implementing any restrictions that can prevent or impede a homeowner’s right to install, maintain, or use the devices mentioned in the legislation.
Based on the legislation, the HOA may be impeding in the following scenarios:
- If the HOA unreasonably delays, impedes or prohibits using a device mentioned in the rule.
- If the HOA unreasonably raises the cost of installing or using the devices covered by the rule.
- If the HOA takes measures to prevent a homeowner from receiving or sending adequate signals from the devices covered by the rule.
If the HOA’s regulations regarding over-the-air broadcasting devices are prohibited under the OTARD law, they are considered unenforceable.
Reasonable Restrictions Under the OTARD Rule
Even under the OTARD rule, the HOA can still implement some policies regarding broadcasting devices. Based on legitimate safety concerns, the HOA can restrict their use. However, these restrictions must be necessary to keep the community safe.
Other than safety concerns, HOAs can also impose restrictions based on historic preservation. As long as they are legitimate and necessary, these restrictions can take precedence over the rights given by the rule. To prove this, HOAs must qualify for historic preservation by having a site, structure, or object that belongs to the National Registry of Historic Places.
But can the HOA limit how many satellite dishes or similar devices are allowed on one property?
Based on the guidelines by the FCC, HOA regulations must not limit it to only one antenna or device if more than one is needed for it to be used properly.
Creating Compliant HOA Policies
The board should review and revise its CC&Rs and policies in light of the OTARD rule in HOA to avoid conflicts and ensure compliance with federal law.
To be sure, total bans or vague requirements should be removed from the governing documents. Additionally, restrictions should be narrowly defined and address only legitimate concerns like safety, historical preservation, or interference prevention.
Additionally, to minimize any disputes or misunderstandings, the HOA must proactively communicate these restrictions to the residents.
What Should Homeowners Do if They Want to Install Satellites?
Despite having the OTARD rule in HOA, homeowners who want to install telecommunications and broadcasting services devices will still need to follow an approval process. While protected, installing such devices is still considered an architectural change.
To do this, here are some of the usual steps residents will need to go through:
1. Submit an Application Form for Architectural Change. Residents need to submit an architectural change application or approval form, including the details and reason for the change. Some of the details you may need to provide include:
- Name of the requestor or property owner
- Property Location
- Reason for the installation
- Timeline of the installation
- Blueprint or visual plan (if needed)
- Photo of the device (if required)
2. Wait for the Decision. After submitting the necessary documentation and forms, homeowners must now await the decision. This will be made by either the HOA board or the assigned architectural committee. Once the decision is made, the homeowner should receive a notification for approval or denial, with a written explanation.
3. Starting the Installation. When the resident receives the approval, they can go through the installation process. Of course, they must follow the details and timelines they have submitted to the HOA. If the homeowner fails to follow the approved proposal, the HOA has the right to rescind its approval.
Ensuring Fair Access and Compliance for Your HOA
The OTARD rule ensures equitable access to telecommunications services, particularly in communities governed by HOAs. By understanding the rule’s provisions, exceptions, and limitations, stakeholders can navigate conflicts and foster harmony between individual rights and community standards.
Freedom Community Management provides HOA management services, including fine collection, in Florida. Call us at 904-490-8191 or contact us online to learn more!
