Q: An Owner installed a satellite dish on the exterior of the building without the knowledge or consent of the Board. Can we take it down?
A: A member has the right to install a dish (one meter or less) on the property the member own or over which he or she has exclusive control, for example, decks, patios, terraces or balconies. However, the association can deny the installation if it can reasonably show that the decision is necessary to prevent damage to the common elements. For example, an owner can’t drill a hole in the common exterior walls of the building because it can harm the building’s structural integrity. An association can also restrict where a dish is placed if it is a historic site or there is a safety restriction (i.e., fire escapes).
An association can prohibit placement of dishes in any areas ONLY if they provide an alternative solution, such as providing a dedicated space on the roof for members to install a dish. If a space like this is provided the association can prohibit dishes in exclusive use areas as well.
What the association cannot do (if it does not have a dedicated space) is unreasonably delay or prevent use of a dish, unreasonably increase the cost of using a dish or prohibit the device from receiving an acceptable quality signal.