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Can my condo baord force me to buy cable?

Kevin Slater

By Kevin Slater
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Kevin Slater Grand Master

Kevin Slater

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Quick question for the collective wisdom of the board:

 

The board of one of my investment condos is negotiating a bulk rate with the local cable company for some package deal which requires 100% subscription. Apparently the charges are going to appear on my monthly association dues, whether I (or my tenant) wants said services or not. Granted, it's a big discount over what those services would cost individually if you wanted them. My question is does the board have the right to do this? If it advances the conversation, let's assume they have approval of 51% of the association.

 

Kevin Slater

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Kevin Slater Grand Master

Kevin Slater

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It all depends on your CC&R's.

 

You don't refuse the other common services of the association, do you? Maybe you can argue it's not essential, and since it's a bulk bill, the bill should be divided over the users, not the whole?

 

I believe it's to appear as a separate line item on my monthly bill.

 

Kevin Slater

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instudiocity Mentor

instudiocity

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I believe it's to appear as a separate line item on my monthly bill.

 

Kevin Slater

Note it's a line item on the condo bill not a cable bill. They can program their billing system to include you out.

 

Also, my condo has DirecTV bulk. DTv bills them $26/ per condo and they bill the owners $46/condo. Nice little profit.

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bashful Grand Master

+ bashful

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I've been paying it since the day I moved in 12 years ago. Write one check each month to the association. The payment coupon has association fee and cable listed separately. When I tell my friends how much my expanded basic HD cable charge is because of the bulk rate, they go nuts. All are paying at least twice as much. Use it as a marketing tool when advertising for new renters.

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purplekow Grand Master

+ purplekow

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I've been paying it since the day I moved in 12 years ago. Write one check each month to the association. The payment coupon has association fee and cable listed separately. When I tell my friends how much my expanded basic HD cable charge is because of the bulk rate, they go nuts. All are paying at least twice as much. Use it as a marketing tool when advertising for new renters.

It is only a good deal if you want it. If you do not, it is extortion.

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maninsoma Grand Master

maninsoma

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Arguing that you don't want it, won't use it, and therefore don't want to pay for it is a slippery slope. Should condo owners be able to make similar claims about any other "non-essential" amenity? I don't think so.

 

That being said, I think it's pretty terrible for a board to approve a contract that requires 100% subscription to cable TV in this day and age. A lot of people aren't interested in pay TV and would rather just stream shows from Hulu Plus, HBO Go, etc.

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bigvalboy Grand Master

bigvalboy

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My two cents: I agree with @rvwnsd anf @instudiocity. CC&R's are subject to local and state laws, however IF this really ends up being an issue for you, and you decide to take a stand, you will need to consult an attorney that specifically specializes in, and represents Condo Associations. Depending on where the condo is located, there are many new state statues that have been enacted in recent years that protect owners from power wielding boards that try and force their authority on other owners. As an example, we just voted by a majority count (90%), to change our By-Laws, however new state laws prevents us from forcing existing owners to abide by those new By-Laws regardless of whether or not we received a majority of owners agreeing. The new By-Laws are only applicable to the next owner that occupies the unit of the dissenting owner. In other words, an existing owner can simply refuse to abide by any changes to the By-Laws.

 

That said, since it's income property you might want to pick your battles. The extra cost can easily be passed on to the tenant at some point, and fighting the board can get costly and time consuming.

 

Like I said, my two cents...That's all I got. Good luck

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Keith30309 Grand Master

+ Keith30309

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My experience has been that Homeowners Associations have extraordinary power buried in the bylaws. I've an interest in one neighborhood of single family dwellings where the HOA has the authority to enter into the property and "self help" if there are issues. For example, if the grass hasn't been cut and I've not responded in a timely fashion they can send someone onto the property, cut it and send me the bill. In another the HOA voted to restrict the percentage of units which could be rented to non-owners. (I still question the legality of that but had a renter able to buy.)

 

Florida is infamous for bitter HOA fights and I wouldn't own property there no matter how good the return was.

 

I'd pay it and try to not be stressed, no matter how unfair it is.

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Phlmuscle Collaborator

Phlmuscle

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I have this situation. I was given the option of weather I wanted it or not. The condo has basic service which is included as a line item on my monthly bill. Expanded service and HD has to be chosen thru Comcast and is billed directly by them. Since I hate dealing with Comcast I chose to use my smart TV and use Amazon Video and Netflix as well as Apple TV which gives me Showtime and Starz much cheaper, and tons of movies.

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rvwnsd Grand Master

rvwnsd

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While probably not as onerous as a condo board, HOAs can make one's life just as bad. This is why I became the president of mine.

The condo board is typically the board of directors of the homeowners' association (a/k/a the HOA).

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LaffingBear Veteran

LaffingBear

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It really depends on your association's CCRs. Not the bylaws. I am wayyyy more familiar with California condo laws than I would like to be. (PM if you'd like to know more)

 

Many HOAs have very old governing documents, (CCRs, bylaws, & rules) that havent kept pace with contemporary issues or laws. Older documents, vague on specifics, may leave the decision to the directors.... with or without the approval of the members.

 

Your directors may have the authority, even without approval of 51% of owners. Your recourse is to vote out the directors.

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MikeyGMin Experienced

MikeyGMin

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Your directors may have the authority, even without approval of 51% of owners. Your recourse is to vote out the directors.

That is the way my HOA operates. They have so little participation that if they depended on 51% of the owners to vote they would never get anything accomplished. However, it sucked for me a couple years ago when the board decided to expand the amenity center by adding a basketball court and a kiddie pool. I have never stepped foot in the amenity center but I still got hit with an $800 assessment for the upgrades.

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