Our initial scan found 6 potential issues in your governing documents.
We checked the 5 public PDFs on Briargrove HOA’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
✓Briargrove Articles of Incorporation✓Briargrove Declaration of Covenants✓Briargrove Architectural Guidelines✓Briargrove Bylaws+ Add up to 10 PDFs in Full Analysis
Briargrove Architectural Guidelines · Sec. 4 · Page 6
Blanket ban, sub-1-meter size cap, or prior approval requirement on satellite dishes or antennas is preempted by federal FCC OTARD regulations.
Operative Clause · Sec. 4 (Page 6)
“Satellite Receiving Dish. No satellite receiving dish or antenna system of any kind shall be located on any Lot, home or building within the Subdivision except that a satellite receiving dish not greater…”
Why It’s Flagged
47 C.F.R. § 1.4000 (OTARD Rule)
The FCC Over-the-Air Reception Devices rule (47 C.F.R. § 1.4000) preempts community association restrictions that prohibit, require prior architectural approval for, or impose sub-1-meter (39.37-inch) diameter caps on the installation, maintenance, or use of antennas and satellite dishes 1 meter or less in diameter situated on property within the exclusive use or control of the owner/tenant.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Provided that this restriction shall not prohibit or require prior approval for any owner or occupant installing an antenna or satellite dish of one meter (39.37 inches) or less in diameter within areas under the owner's or occupant's exclusive use or control, in accordance with FCC OTARD regulations (47 C.F.R. § 1.4000).
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
U.S. Flag & Flagpole Display Restriction Conflict
Rules & Policies
CRITICAL EXCEPTION
#3
Assessment Collection & Mandatory Pre-Lien Notice Procedure Gap
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