Respectively disagree:
I lived in an HOA in Port Charlotte and had an issue about grass on a fence that the neighbor built right smack on the property line and then did not cut. HOA sent me several nasty letters and then threatened a fine.
I went to a meeting and got right in the managers face and gave him a piece of my mind and ate is arse to the bone publicly. NEVER had another issue and they finally did the right thing and made the people next door trim THEIR fence.
These folks get out of line and of course there is always a good sprinkling of do-gooders and what we call the HOA Nazis with nothing better to do than complain.
I do not think they have any rights and so long as the wall is properly repaired when OP vacates they have nothing to say - just like a landlord.
This sure says it all .................
The rule (47 C.F.R. Section 1.4000) prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming.
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
All I can say is you are wrong twice here. First you are comparing two extremely different things, attaching things to a structure and grass on a fence are not the same. If the grass is not yours and you can support your argument then of course don't let them push you around. But that brigs me to #2.
You keep referencing those rules but you don't include what common areas means which is maybe the most important thing to understand. It has been long established walls and railings can be determined to be not in your control and/or not part of your ownership. If you get in their face because you think you have the right to attach a satellite dish to a wall or railing on your balcony you have to be able to back that up. If their rules say no as I said that has long been established to be legal.
"Such common areas may include the roof or
exterior wall of a multiple dwelling unit.
Therefore, restrictions on antennas installed in or on such common areas are enforceable." MY NOTE - a railing can be an exterior wall.
"Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety."
MY NOTE - not allowing attachment to a railing may be considered a safety reason - Very likely agreement to own or rent talks about not leaning on the railing and may talk about not Attaching things.
"For example, the rule would
not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling."