It must be primitive living in that HOA - no cell phones, no Bluetooth, no WiFi, no AM/FM radios, no "atomic" clocks, no wireless security systems, no remote car fobs, no keyless cars, no remote garage door openers, no weather radios, no Chromecast and no microwave ovens.
Fun.
- Glenn W9IQ
Spot on, Glenn!
Legally, HOAs can make any CC&Rs they legitimately make through their Bylaw process. Enforcing said CC&Rs is another matter. HOA Boards tend to blister and browbeat home owners. Until they, or their liability insurance carrier, gets hit in the pocketbook by court costs on their end and for the homeowner by a sitting Judge.
Should the OP ask the HOA in writing how they enforce this covenant, s/he will likely not get a response. Document the many antennae (!) not related to amateur radio in the neighborhood, including wireless security systems (take pics of the yard sign or entry stickers of them), get the Directory of cell phones for each homeowner, any outdoor weather stations, and so forth.
Send a letter to the HOA stating your intent on having a small satellite dish confirming to the OTARD regs, citing those regs in your letter. Wait until you get a reply. If not, proceed. Their attorney has told them that they will lose but do not wish to contest it because it would nullify their covenant. If you do, reply back with a printout of OTARD attached with your declaration of your intent to proceed.
If they continue to pursue the convenient enforcement, likely citing their attorney says …., give them another 30 days, then file a claim in your local Circuit Court, suing the HOA and its Board for this action, requesting that the covent is (a) not being uniformly enforced across all types of antennae, (b) they lack the legal authority to enforce it against satellite dishes conformal to OTARD and that in good faith you have specified such to them, and (c) a request for the HOA to reimburse your court costs encumbered to enjoy your property under OTARD.
HOA Boards need, imho, a good law suit every few years to keep them in the boundaries of their CC&Rs and to question those that are not legitimate by virtue of other laws or regulations.
Remember, we hams can bitch and moan on social media about these matters but that won’t change things. Protect your rights.