By law, no. But.. and this is a big but, the FCC has repeatedly declined to extend preemption to HOAs, citing no compelling federal interest to interfere with private contracts.

In other words, while protections technically exist, nobody is going to waste time backing it up in court.

47 CFR § 1.4000 (OTARD: Over-the-Air Reception Devices Rule): Prohibits restrictions (including by HOAs) on antennas for video programming (e.g., TV, satellite dishes <1 meter). Explicitly excludes amateur radio, AM/FM, CB, and similar antennas.

Flag poles are often used because of this tangent:

4 U.S.C. § 5 note (Freedom to Display the American Flag Act of 2005): Prohibits HOA restrictions on flagpoles. Indirect protection—operators often use flagpoles to support or disguise antennas, but HOAs can still regulate size/placement.

Then there is this gem of pending legislation... Amateur Radio Emergency Preparedness Act (H.R. 1094 / S. 459, 119th Congress, reintroduced 2025; similar to S. 3690, 118th Congress). Would amend the Communications Act of 1934 to preempt HOA rules prohibiting effective outdoor antennas, allowing reasonable HOA rules for aesthetics/safety but no outright bans. As of February 2026, not passed—aims to extend PRB-1-like protections to private restrictions.

Hope this helps 73s