For the reasons discussed below, we find that New Century's restrictions contravene the Rule and are prohibited. There are exceptions to the Rule for valid safety or historic preservation restrictions, which must be as narrowly tailored as possible, impose as little burden as possible, and apply in a nondiscriminatory manner throughout the regulated area. The Rule provides that parties who are affected by antenna restrictions may petition the Commission to determine if the restrictions are permissible or prohibited by the Rule. The Rule places the burden of demonstrating that a challenged restriction complies with the Rule on the party seeking to impose the restriction. DBS antenna on his balcony railing.
Homeowners are responsible to keep patios and balconies clean and free of clutter.
No unsecured item shall be placed outside of balcony rails, nor positioned or hung over said rails. Patios and balconies may not be enclosed or altered in any way. Patios and balconies may not be used for storage, other than for storage of barbecue grills and other items usually associated with patios and balconies. New Century claims that in response to its formal complaint, Petitioner removed the antenna, but subsequently reinstalled it on or about March 22, 1996. New Century further states that in April 1996, New Century conducted a complaint hearing at which its Board of Directors denied Petitioner's request to continue using his antenna and the Board of Directors again requested Petitioner to remove the antenna and Petitioner refused.