dish on my patio

Yes, if the Covenants, Conditions and Restrictions (CC&Rs) and/or properly adopted rules require association approval for antennas. However, the telecommunications act you refer to does prohibit the association from banning the antennas. The association can only require visual screening and similar aesthetic requirements. You should consult a real estate attorney with knowledge in this area.

PLEASE BE ADVISED: This Answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this Answer is offered solely for general information purposes. This Answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington.

The FCC Over-the-Air-Receiving-Device (OTARD) rules provide the national framework for how small satellite antennas (1 meter in diameter and under) and other over-the-air antennas are regulated by state and local governments, as well as certain private associations, including HOAs.

The answer to your question may well turn on what you mean by "anchor [the dish] in my property." If the dish is to be fully contained within, say, your attached patio, and the base does not penetrate the concrete or other common structure of the HOA, then the likely answer is that you can place the antenna without HOA approval. An example would be where the antenna uses a on-top-of-ground mount which might be weighted down by sandbags.

HOAs may reasonably restrict where and how OTARD-protected antennas are installed in common areas and external portions of structures. The third link, below, may be most useful to you.

Here are some useful links: http://www.fcc.gov/cgb/consumerfacts/consumerdish.html http://www.fcc.gov/mb/facts/otard.html and especially http://www.neighborhoodlink.com/article/Association/FCC_Satellite_Antenna_Regulations

Ultimately, an attorney advising you would need more details to give you a legally reliable answer.

Jonathan L. Kramer, Esq.
Kramer Telecom Law Firm, PC
Los Angeles, California

Notice: This answer is for information purposes only. No Attorney-client relationship is formed with the questioner or any other person expect after execution of a written agreement. No one may rely on this answer for any specific question. Be aware that the law may have changed after this question was answered. No legal assurances or promises attach to this answer. Jonathan Kramer is licensed to practice law in California.