After reading all of this, unless there is something we aren't hearing, the HOA is in a world of hurt. I am the president of my HOA and was an officer in my previous residence. In my previous residence the HOA tried to pull this EXACT same thing. They wanted my dish to come down, even though no one could see it and it had been on the roof over a year. It was hidden by the a firewall of a townhouse and the only way that you could see it was to go looking for it. Yank it down they said.
NO, I said and got a copy of the FCC rules out and told them to screw off. They got the HOA lawyer involved. At that point, as anyone with common sense can do, I pointed out...point by point why they couldn't make me take down my dish.
They tried to pull one more stunt. They tried to have the State of Florida declare the HOA, which was a townhouse group, a condo association. The State Division of Condominiums told their lawyer to get the heck out of his office as she was wasting his time!!!!
That was the end of it. When I moved there were about twenty more D* dishes up that I had recommended. My new HOA has decided that it isn't even worth fighting as the FCC rules are "too much in favor of the consumer". This is a quote from the HOA lawyer.