DSS dishes and HOAs

[faustin01]

Is there any inforrmation on the web that deals with a home owners associatiion's ability to regulate satelite dishes smaller than 18 inches?

There are two schools of thought, the first being that the telecom act protects these from regulation. Period. The second school of thought is that HOAs regulate subject to a private contractual agreement and, therefore, when you move into such a development that restricts thier placement you knoowingly accept the details of the contract and you must abide by thier rules. This school claims that because it is a private contractual agreement, it is not bound by the Telecom Act.

Is there any case law available? Has there ever been a decision made along these lines?

Thanks-

 

[Chet]

I don't think there is a definitive answer, but we have taken the position that the Telecomm Act allows them period until a court says otherwise.