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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99983
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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If your HOA prohibits satelite tv, and there is only one cable

Customer Question

if your HOA prohibits satelite tv, and there is only one cable provider available in your area, and the fee for the cable in not reflected in your HOA dues, is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
It is, provided that the dish is not over a certain width. Under the Over-the-Air Reception Devices Rule (Section 207 of the Telecommunications Act of 1996), an HOA is prohibited from restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule.
"Antenna" includes a dish that is one meter (39.37") or less in diameter. See here for full specifications and various exceptions and nuances.
Now if the dish is less than that, then one cannot be barred from using it, generally speaking. If it is bigger than that, then the HOA may. It does not matter if it is the sole provider in the area and/or if the fee is not reflected in the HOA dues.
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