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Satellite Dishes: The Law Remains The Same

By Jeanne Lauer on April 29, 2011
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With the federally mandated switch from analog to digital signals the interest in satellite dishes has increased. A brief refresher on the Rules is in order. OTARD, the acronym for Over the Air Reception Devices prohibits community associations from enacting restrictions that unreasonably impair the installation, maintenance, or use of antennas used to receive video programming.

A prohibition on placement of dishes or other devices on the common area are completely acceptable; the Association has no obligation to make common area available.  But rules governing placement on balconies, yards and patios which the owner has exclusive use and control over (even as a limited common element), must be carefully scrutinized to make sure they do not impair the installation due to excessive cost  or the ability to receive a quality signal. The Association does have the option to make a common antenna or system available to owners throughout the community to avoid multiple unsightly dishes throughout the property – however an owner who desires a different service is entitled to have it, so long as it is installed on his exclusive use area.

Photo of Jeanne Lauer Jeanne Lauer

Jeanne S. Lauer is a partner at Inman & Strickler focusing her practice in the areas of Civil Litigation, Community Association Law and Commercial Litigation.

Read more about Jeanne LauerEmail
  • Posted in:
    Other
  • Blog:
    Virginia Condominium & Homeowners' Association Law Blog
  • Organization:
    Inman & Strickler, PLC
  • Article: View Original Source

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