Covenants and FCC Title 47 Sec 1.4000

[KnightwhosaysNi]

What is the name of your state? Michigan

According to our HOA covenants:

No exterior antennae, satellite dish or similar device (whether freestanding or mounted upon any Dwelling or other structure) shall be permitted.

But, as I read Federal Code and Regulations Title 47 Section 1.4000 it is stated:

Any restriction, including but not limited to any state or local law or regulation, including zoning, land-use, or building regulations, or any private covenant, contract provision, lease provision, homeowners' association rule or similar restriction, on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property that impairs the installation, maintenance, or use of:
(i) An antenna that is:
(A) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and
(B) One meter or less in diameter or is located in Alaska;
(ii) An antenna that is:
(A) Used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, and
(B) That is one meter or less in diameter or diagonal measurement;
(iii) An antenna that is used to receive television broadcast signals; or
(iv) A mast supporting an antenna described in paragraphs (a)(1)(i),
(a)(1)(ii), or (a)(1)(iii) of this section; is prohibited to the extent it so impairs,
subject to paragraph (b) of this section.

Seems to me if I read Title 47 (Sec 1.4000) correctly our covenants can not restrict the usage of TV antenna
or satellite dishes to receive programming services and our HOA has no right requiring the removal of the equipment.

Am I correct or is there another view point?

 

[HomeGuru]

There is another viewpoint.

 

[KnightwhosaysNi]

And it is?

Not a smart ass one though. Like your reply.

 

[HomeGuru]

And it is?

Not a smart ass one though. Like your reply.

**A: HOA covenants in relation to Title 47 whereby a private homeowners association takes precedence over a governemntal regulation is as follows:

 

[KnightwhosaysNi]

**A: HOA covenants in relation to Title 47 whereby a private homeowners association takes precedence over a governemntal regulation is as follows:

Usually a colon means that there is more to say on a subject as in your reply is as follows:. What was it that follows to illustrate how a HOA takes precedence over a governmental regulation?

 

[notbob]

KnightwhosaysNi,
If you are doing battle with your HOA about a satellite dish, contact your satellite company as they have a strong legal department that deals with issues such as this and are willing to help in situations where they might lose a customer.