Currently, dishes greater than 1 meter in Hawaii have no protection from OTARD. Will that ever change? Possibly. The FCC asked for comments in 2010 about changing OTARD for Hawaii. But they haven't yet.
So until they do, the HOA is well within their legal rights to approve/dispprove the 1.2 meter dish.
But it is a moot point for the TS. He apparently has the HOA's permission. He just can't get DirecTV to do the install.
BTW -- here is a background paragraph from the FCC on a previous ruling regarding dish size in HI:
3. When the rule was originally adopted in 1996, the Commission received comments from atenna installers in Alaska that indicated antennas larger than one meter were necessary to receive DBS service there. Thus, as indicated, the rule applies to satellite antennas of any size in Alaska. Nothing in the record of that proceeding indicated that a similar situation existed in Hawaii, so no size exception was adopted for that state.
Edited by trh, 28 April 2013 - 02:24 PM.