Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Forest Creek POA’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
✓Declaration of Covenants✓Association Bylaws✓Landscape Amendment ..>+ Add up to 10 PDFs in Full Analysis
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. 2. (Page 7)
“drainage plan, mailbox, solar energy device, posts, antennas, fountains, decorative building features, landscape plan, landscape device or object, yard decorations, or other improvement, whether as new…”
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
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Covenant Duration & 30-Year MRTA Preservation Gap
Declaration / CC&Rs
HIGH LEGAL RISK
#3
Governance And Elections Statutory & Governance Exposure
Association Bylaws
HIGH LEGAL RISK
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Up to 10 PDFs
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