What the law says in South Dakota
The FCC's Over-the-Air Reception Devices Rule (OTARD), 47 CFR § 1.4000, preempts HOA rules that prevent or unreasonably delay the installation, maintenance, or use of antennas one meter or less in diameter on property under the owner's exclusive control. HOAs may impose limited restrictions for safety or historic preservation only.
Controlling statute: South Dakota Condominium Act, SDCL § 43-15A
Read the statuteFederal law overrides HOA rules here
The FCC OTARD Rule (47 CFR § 1.4000) overrides HOA rules that prevent, delay, or unreasonably increase the cost of antennas one meter or less under the owner's exclusive control.
Common satellite clauses in SD HOAs
Most CC&Rs in South Dakota include some combination of these provisions. Yours may be stricter or weaker — read your governing documents to be sure.
- 1
Approved installation locations limited to the rear of the home or otherwise concealed from streets.
- 2
Maximum dish size and height requirements.
- 3
Restrictions on wiring, conduit color, and routing across exterior walls.
- 4
Removal required when service is discontinued or the unit is sold.
- 5
Indemnification for any damage to common elements during installation.
Questions South Dakota homeowners ask
Your CC&Rs decide the answer in your specific community. Upload them and ask the AI directly.
Can the HOA make me remove a satellite dish from my roof?
Does the OTARD rule apply to my balcony or patio dish?
Can the HOA require a specific dish color or location?
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