Property Ownership

A Minnesota property is subject to a Declaration of Covenants, Conditions and Restrictions (CC&Rs) that prohibits satellite dishes. Under federal law (the Over-The-Air Reception Devices rule or OTARD):

AThe CC&R prohibition is fully enforceable against all property owners
BCC&Rs cannot prohibit satellite dishes of certain sizes on properties the owner controls✓ Correct
COTARD only applies to commercial properties in Minnesota
DLocal zoning takes precedence over federal OTARD rules

Explanation

The FCC's OTARD rule generally prohibits restrictions (including CC&Rs) on the installation of satellite dishes under one meter in diameter on property within the exclusive control of the antenna user. CC&Rs cannot completely prohibit such installations, though they may impose reasonable restrictions on placement (not visible from street, for example). This is a federal preemption of private restrictions.

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