Community Communications Systems

Background - our community has always (for 22 years) offered cable tv and security system monitoring. Each home was built with a security system and monitoring is included in our monthly fees, as is cable tv. Four years ago, our cable tv contract (with company "C" associated with NBC) was renegotiated and added internet service. This contract is up for renewal next year so we did a survey of residents to see whether or not they were happy with status quo or if we needed to think about future technology and move to something else. One of the big fiber companies came in and gave us a great presentation and is a real alternative. Our security monitoring is NOT through the cable tv company.

The results of our survey are fascinating. We have already had over 50% of our owners respond (we asked for addresses, so no duplicates). One of the things we asked was if they used the security service from company "D", the one that has always had the contract. The result was that 2/3 of the responses show they don't use the security system. Each owner is paying about $7 per month in their monthly fees for that monitoring plus, if you don't have a landline (73% of owners don't have a landline) then you pay an additional $10 per month to be able to use cell service to transmit to the central station.

We are considering discontinuing the security service monitoring. I will be checking with our attorney, but wanted other opinions also to see if the board can do this without having go through the formal process of amending our documents. Our documents say this about communication systems:

1.13 “Communications Services” means those services described in Section 202.11, Florida Statutes (2020), and for the purpose of this Master Declaration, shall be deemed to include, but not be limited to, bulk video, voice, internet, security, and monitoring services.

It's interesting, because we have never offered voice services as part of the monthly fees.

It says this under "Common Expenses": ...The expenses of Communications Services (including, but not limited to, video and internet) and alarm monitoring services are specifically considered a Common Expense, if obtained by the Master Association on behalf of the Parcels in the Community on a bulk basis...

And then it says this (along with a big disclaimer paragraph on association liability and security systems):

18.4 Notices and Disclaimers as to Community Systems. The Master Association, any Condominium Association, or their successors, assigns or franchisees and any applicable cable telecommunications system operator (an “Operator”), may, but is not obligated to, enter into contracts for the provision of security services through any Community Systems.

Our documents allow the board to make changes to the rules and regulations, the bylaws and the ARC rules with just a board vote. Any thoughts on whether changing one of the communication systems can be done by the board alone?

Here's the definition. But it's a moot point for now anyway - found out the board signed a 5 year agreement in 2020 so we are obligated to keep them until 2025.

1.15 “Community Systems” means any and all cable television, telecommunication, security, alarm, irrigation, irrigation wells, sprinkler or other lines, pipes, conduits, wires, amplifiers, towers, antennae, equipment, materials, installations and fixtures (including those based on, containing or serving future technological advances not now known) installed by the developer of Reflection Lakes or pursuant to any grant of easement or authority by Association within Reflection Lakes and serving more than one (1) Parcel.

I will still figure out if we can get rid of the service all together in 2025.

Your declaration's (right?) 18.4 seems quite clear: your master or sub associations "...is not obligated to, enter into contracts for the provision of security services through any Community Systems." You received a wonderfully high response rate to your survey from Owners, and with 2/3 not even using your current one, why keep it?

So, if there is no other citation in your documents that state that the Association must provide some kind of security, let each owner provide their own for their individual homes if they wish. Yes, with your attorney's advice.

I was surprised to see in the many scattered places in my HOA's declaration and Articles of Incorporation that the security (or "safety") of the common areas of our premises, or of individual condos, or of persons, is completely absent.