The reason we are requesting this from you is the very reason this was brought to the Board's attention. It is displeasing to your neighbors. Please consider this request until the Board can make a final decision as to how it will regulate the placement of the equipment that our covenants still conclude as being unsightly.
Your HOA cannot restrict your antenna placement because "it is displeasing to your neighbors". They can basically only restrict placement to accomplish a safety or preservation purpose.
Q: What types of restrictions are prohibited?
A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. 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. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.
If you are using your antenna to receive analog signals only, your HOA might be able have you move your antenna to someplace where it's not visible. However, if you are using your antenna to receive digital signals, such as HDTV, the antenna must be installed where it has an unobstructed, direct view of the transmitter tower. If your roof is the only place where you can get an unobstructed, direct view of the transmitter tower, then your HOA can't restrict it's placement.
Q: What restrictions prevent a viewer from receiving an acceptable quality signal? Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?
A: For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.
The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.
If you can find another place on your property that gives you a direct view of the transmitter tower that is less obvious than your roof, then you may might want to move it there to be a "good neighbor". If your roof is the only place, then there is nothing that your neighbors or your HOA can do. If they want to go to court, then they, not you, will need to petition the FCC to get a waiver in order to enforce their restriction. In the meantime, you get to keep your antenna on your roof. The burden will be on them, not you, to prove to the FCC their restriction is valid.
Q: What can a local government, association, or consumer do if there is a dispute over whether a particular restriction is valid?
A: Restrictions that impair installation, maintenance or use of the antennas covered by the rule are preempted (unenforceable) unless they are needed for safety or historic preservation and are no more burdensome than necessary to accomplish the articulated legitimate safety purpose or for preservation of a designated or eligible historic site or district. If a person believes a restriction is preempted, but the local government, community association, or landlord disagrees, either the person or the restricting entity may file a Petition for Declaratory Ruling with the FCC or a court of competent jurisdiction. We encourage parties to attempt to resolve disputes prior to filing a petition. Often contacting the FCC for information about how the rule works and applies in a particular situation can help to resolve the dispute. If a local government, community association, or landlord acknowledges that its restriction impairs installation, maintenance, or use and is preempted under the rule but believes it can demonstrate "highly specialized or unusual" concerns, the restricting entity may apply to the Commission for a waiver of the rule.
If you can find someplace else that works just as well and makes your neighbors happy, then everybody wins, but your HOA is pretty much powerless to restrict your placment of an antenna to receive HDTV signals.