I want my MTV, and my DVR, and my TIVO, and my Food Network. . .
 
With so many options in television programming today, associations are frequently faced with the issue of what limits they can place on the installation of satellite dishes in the community, given the Federal Communications Commission’s Over-the-Air-Reception Device Rule (known as the OTARD Rule.) The following are some bullet point guidelines to keep in mind.

• Associations cannot prohibit or unreasonably delay the installation, maintenance, or use of satellite dishes one meter or less in diameter on property owned by or under the exclusive use of an owner.
• Associations cannot impose restrictions on satellite dishes that would increase the cost of installation, maintenance, or use of a satellite dish one meter or less in diameter. For example, an association may not insist that an owner purchase liability insurance prior to installing a satellite dish (or liability insurance for the dish itself, for that matter).
• Even though associations cannot require prior approval for the installation of satellite dishes one meter or less in diameter on property owned by or under the exclusive use of an owner, associations can require owners notify the association prior to installation.
• For condominium communities, balconies and patios are usually limited common elements that are for the exclusive use of the owner of the attached unit.  Accordingly, associations cannot prohibit owners from installing satellite dishes on their balconies or patios, such as on the deck floor or railing. 
• Owners in condominium communities may be prohibited from installing satellite dishes on exterior common element walls.  This is not the case for most townohome communities because the owners own the exterior walls.  In that case, owners can install satellite dishes on the exterior walls owned by the owner.
• Condominium associations can prohibit the installation of satellite dishes on common element roofs.  For most townhome communities, where the roofs are owned by the individual owners, an owner may install satellite dishes on their own roof.
• Associations cannot limit owners to only one satellite dish if more than one dish is necessary for the owner to get the service and channels desired.
• Despite the above restrictions, associations can do the following in relation to satellite dishes:
  • Require owners to camouflage or paint satellite dishes as long as it does not impair the reception or impose unreasonable costs.
  • Adopt restrictions related to valid safety concerns as long as they are necessary to protect public safety and are no more burdensome than necessary to ensure safety, even if the restrictions impair installation, maintenance or use.
  • Prohibit antennas that are not designed to receive television signals, such as CB or HAM radio antennas.
  • Restrict satellite dishes, under certain circumstances, if a central or common antenna or service is available to all owners.
  • Adopt a “preferred location” list.  For example, an association can adopt a policy that states the preferred location for satellite dishes is on the back of the home.  If a signal cannot be obtained from the back, then the second preferred location is on the side, and so on.

Lunch Forums
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September 7
Did We Really Discriminate?
12:00 - 1:30 PM

Arvada Office
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Suite 300
(1 mile north of I-70)

October 5
Can You Manage Insurance Claims?
12:00 - 1:30 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)




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September 26
Success Basics for Board Members
6:00 PM - 9:00 PM

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5610 Ward Road
Suite 300
(1 mile north of I-70)


September 28
Governing Your Association Lawfully and Effectively
6:00 - 9:00 PM

Fort Collins Office
4703-A Boardwalk Drive

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