CRITICAL EXCEPTION
Sample Issue #1 of 1
Governing document requires prior architectural approval or imposes an absolute street-visibility/screening mandate on satellite dishes and reception antennas without FCC OTARD signal-impairment and delay/cost safe harbors.
Operative Clause · Sec. i (Page 26)
“Approved Satellite dishes shall be installed in the rear or side of the home out of view from the street, when possible.”
Why It’s Flagged
47 C.F.R. § 1.4000 (FCC OTARD Rule)
- Under 47 C.F.R. § 1.4000, any restriction that impairs the installation, maintenance, or use of an antenna or satellite dish one meter (39.37 inches) or less in diameter on property within the exclusive use or control of the owner is preempted and void if it (1) unreasonably delays or prevents installation (including requiring prior ARC approval), (2) unreasonably increases the cost of installation or screening, or (3) precludes reception of an acceptable quality signal (including blanket bans on front/street-visible placement where rear placement lacks line-of-sight).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
- 1PVC tongue and groove style. All privacy fencing shall be either white or light beige vinyl in composition. Fencing on lots bordering lakes is discouraged but may be allowed subject to the details on Exhibit F. Aluminum or wrought iron type fencing shall be 4’ high and bronze or black in color as shown on Exhibit F. No wood or chain link fencing will be permitted to be constructed on any lots in Oakleaf East. No fencing shall be allowed closer to the front of the house than the mid-point of the sidewall plane of the structure. Fencing shall be no closer than 20’ to the R.O.W. on the street-side of a corner lot. This equates to a measurement of 45’ from the centerline of the roadway. No fences are allowed in front yards. Structural side and support post, where applicable are to face inside of lot (Good Side Out). R.O.W. is typically 50 feet in Oakleaf, measured from center line of the roadway. A certified copy of a lot survey will indicate the correct measurement for each lot. Fences may not be placed in a platted public drainage easement. Recreation Structures All recreation structures (excluding basketball backboards) shall be located at the rear of the dwelling, or on the inside portion of a corner lot within the setback lines. No platform, doghouse, tennis court, playhouse or structure of a similar kind or nature (except basketball backboard) shall be constructed on any part of the lot located in front of the rear line of a residence constructed hereon and shall be constructed so as not to not adversely affect the adjacent lots or the use thereof. Any such structure must have prior approval of the ARB Committee and without limiting any other criteria for approval.
- 2The ARB Committee shall review the height of such structures to assure the privacy of neighboring homeowners. Portable basketball goals are to be placed on the driveway near the home when not in active use. Goals must be properly maintained, and hoop nets must be kept in good condition and replaced when needed. Goals shall not be placed in a manner which would impede the use of the roadway and must be kept free from the path of passing vehicles, paying special attention to the goal extending into the roadway at its maximum height. Air Conditioners No window or wall air conditioning units will be permitted, except on an emergency basis. If you have a failure which requires a temporary unit for a short period of time until the main unit gets repaired or replaced, please contact the Association with more details about your situation. All air conditioner compressors should be screened from view, insulated by a fence, or enclosed by a four-foot (4 ft.) wall or screened by shrubbery to minimize noise. Fireplaces and Chimneys All proposed chimneys shall be submitted to the ARB Committee for review and approval. A detail of the chimney top should be shown. Swimming Pools and Tennis Court Any swimming pool or tennis court to be constructed on any lot shall be subject to the review and approval of the ARB Committee. Well Limitations Excavation of wells for the purpose of irrigation of Lots may be permitted, subject to local regulations and provided that in connection with the excavation and installation of such well, the Owner agrees as follows: The Owner shall obtain, at his cost and expense, all permits necessary and convenient for the installation of such well. The Owner shall assume all liability arising from the installation and operation of the well, including without limitation, contamination of the potable water source, any discoloration of improvements, erosion of soil conditions or flooding. The Owner shall undertake to correct and repair any resulting damage including discoloration of buildings, driveways, and sidewalks and take action to inhibit further damage immediately upon discovery of such injury or damage. All well equipment must be screened from view with landscaping, or fencing, approved by the ARB Committee. Satellite Dishes Satellite dishes may be permitted subject to review and approval of the ARB Committee. Approved Satellite dishes shall be installed in the rear or side of the home out of view from the street, when possible. If the Satellite Dish will not be visible from the street, no Association approval is required. Likewise, no Association approval is required for a Satellite Dish measuring 39.37 inches (1 meter) or less that can be installed so that: a) it is not visible from the adjacent Right of Way.
- 3Or b) installed on the rear portion of the roof (from the ridgeline back), even if visible from the street. Satellite Dishes located in any other location on the property will require the review and approval of the Association. Any ARB Request application for locating a Satellite Dish on any other location should include information about the reason for desiring to locate the proposed Satellite Dish in a location other than the pre-approved locations. Cable TV, Telephone, and Conduit For each new house that is constructed in Oakleaf East , it is recommended that it be prewired for cable-TV, telephone and alarm systems. Electric Meter Box and Conduit Electric meter boxes, wire-chases, panels, and conduits shall be painted to match the color of the exterior wall finish. Mailboxes All homes in Oakleaf East are required to utilize a standard single or double mailbox and associated pedestal described on Exhibit J. Such mailbox structure shall be installed at the front of the lot, at the edge of the road pavement as described on Exhibit J. Variance Process The architectural criteria set forth herein are intended as guidelines to which adherence shall be required by each Owner.
- 4Provided, however, the ARB Committee shall have the express authority to issue a variance for any requirements set forth herein if, in its opinion, it deems such a variance is in the best interest of the community, as well as Oakleaf East as a whole, and that the deviation requested is compatible with the character of Oakleaf East. Oakleaf East Variances are issued exclusively by the ARB Committee. The Committee will take many factors into consideration when making their final decision on the requested variance. More information on variances and the processes associated with a variance can be found in the Variance Exhibit found at the end of this document. Maintenance Maintenance During Construction During construction all debris shall be placed in a single location on the lot of the construction site only. The debris shall be contained by some type of barrier to assist in keeping the debris from being scattered. After construction no debris or trash of any kind shall remain on any lot, or on sidewalks or streets contiguous thereto.
- 5No excess building material, storage container, or trash shall remain on such a lot, sidewalk, or street for an extended period unless approved by the ARB Committee. It is hereby made the duty of the homebuilder or his agent, or the homeowner, to remove or cause to be removed all debris within 72 hours of notification by the Association. Failure to comply with the request will cause removal of the debris by action of the Association and all related costs plus an administrative fee may be charged to the Owner. Exhibit List A. ARB Process Flow B. Member Roster [SAMPLE DISCUSSION WORDING — FOR FLORIDA ASSOCIATION COUNSEL REVIEW]: Notwithstanding anything herein, (a) satellite dishes and antennas covered by the FCC OTARD Rule (47 C.F.R. § 1.4000) of 1 meter or less in diameter shall not require prior approval and may be placed in a location visible from the street if necessary to receive an acceptable quality signal without unreasonable delay or expense.
- 6(b) solar collectors are permitted pursuant to Fla. Stat. § 163.04(2) on any roof orientation within 45 degrees east or west of due south that does not impair effective operation.