Opera Plaza Residential Parcel Homeowners Association, a California Nonprofit Corporation v. Tuan Hoang Betty S. Lee-Hoang

We hold today that § 207 of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 114 (hereinafter “ § 207”), does not confer jurisdiction on the federal courts to hear a routine suit by a condominium homeowners association to enforce its rules against the placement of a satellite television dish in common areas.

I. Facts

In September 1999, Opera Plaza Homeowners Association and Opera Plaza Master Owners Association (collectively “Opera Plaza”) adopted a policy, as part of a “Declaration of Covenants, Conditions and Restrictions,” which prohibited the placement of satellite dishes in common areas of the condominium complex. After adoption of this policy, the Hoangs, who owned one of the condominiums, installed a satellite dish on the exterior of their home in a common area, in violation of the policy. Opera Plaza filed suit in federal court, seeking (1) declaratory relief stating that the Opera Plaza satellite policy is valid, (2) a permanent injunction requiring the Hoangs to remove their satellite dish, and (3) damages from the Hoangs for breach of contract.

The district court dismissed the action for lack of subject matter jurisdiction, noting that only Congress…