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RobertW35 (Florida)
Posts: 48
Posted:
Good Morning. I live in Florida in an HOA Community that went through a Developer turnover in December 2023. We have a resident Board in place and they are trying very hard to keep up with fiduciary responsibilities to the Community. One of the ideas that have been floating about is that our local cable company has offered the Board an aggregate deal for cable in our community. Most of the residents already use this cable company and are paying over or close to $200 per month for just basic cable (no extras) and internet with a speed of 456 mb. All homes in this community are wired already for this. There is one other cable company in the neighborhood but it is only available or wired for in a few sections of the community, so not all homes have it available (builders choice at the time). So, the community was offered a 5 year contract with a 6% cap on increases per year, 1gb of internet speed, the next step above "basic cable" with over 250 channels and will give the community $115,000 in cash to do what they please with. (obviously would be placed in reserves). Basically it comes down to $55 per month to the homeowner which would be added onto their HOA monthly bill. The cable company says that it has to be all the homes in the community or no contract. Any thoughts from anyone that has gone through this in their community ??? Our community is up in arms because they feel this should come to a vote from the community but in our CCR's it states that the Board is allowed to make this fiduciary decision. The Board has hired a company that does contract negotiations with cable companies to get an even better deal. The contract is 36 pages of small font language. Thank you for your time and experience.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not good idea. Individual choice is usually better. Unless everyone wants to pay for everyone cable bill.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not good idea. Individual choice is usually better. Unless everyone wants to pay for everyone cable bill.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think that this is one of the issues where the board should get feedback from the membership. It's entirely possible that you're planning to spend a lot of money for something that a majority of owners don't want. This is particularly true in communities where a lot of the residents are seasonal.

This topic comes up periodically, and some regulars on this website have actual experience with these contracts. We've never done them in my community, but here's my opinion on them. (Disclaimer: I have 14+ years of experience in serving on condo boards, and I work for a new home builder.)

* These contracts are popular with developers and cable companies. You have to look at what they're getting out of them and whether or not these things best serve HOAs' interests.

* Cable is old technology. Technology changes regularly. The contracts will lock you into something that customers are increasingly uninterested in.

* Technological change is a risk to the companies that operate in this space. But they have the deep pockets to deal with this. The cable contracts shift some of these risks onto HOAs. HOAs do not have the deep pockets because they are not for-profit business and should not take on these risks unless there is a clear benefit to doing so. (IMHO, the benefit does not justify the risks for HOAs.)

* The cable companies also benefit by having a predictable stream of customers that they otherwise would have to compete for in the marketplace. This further lowers their costs of doing business. They also gain customers who would not have used their products otherwise (the HOA residents who don't want cable).

So... you have clear upside to the cable companies and I assume also to developers since these contracts are popular. There is questionable upside to homeowners and an unwanted cost to those are forced to buy something they wouldn't otherwise buy. I have a strong bias against HOAs providing "fun" for some residents at the expense of others. And to re-iterate, I don't believe non-profit corporations such as HOAs should be taking on the risks of a for-profit company unless they can make a business case for doing so. In general HOAs don't get the benefits in the form of huge buckets of cash for their shareholders, only another financial obligation. In other words, unless something unusual is going on, I don't believe the business case is there.

It's pretty clear where I stand on this, huh?

(Residents that are near large cities have scads of options for telecommunications. Here we can get internet/phone/streaming services through the phone company (fiber optics), the local cable company, and the various wireless carriers. These companies have to compete for customers, so they have to price their offering accordingly. We're spoiled for choice. Of course, in more rural areas this is not the case, so your community's location matters.)
RobertW35 (Florida)
Posts: 48
Posted:
Thank you Cathy for your experience in answering my question. I don't think you have realized the whole story. I mentioned that the Turnover has already happened in my community, therefore no Developer involvement. It is truly an HOA Board of Directors decision. Now, the Board has put out an email to acquire opinions on the subject to pool the communities input. As I mentioned prior, the Board does not need a vote from the community. This is mentioned specifically in the CCR's of the HOA for cable connection. A lot of community members are positive but also quite a few more negatives than I anticipated. I also understand the business end in regards to the cable companies benefits. I agree they wouldn't offer this unless they were getting something for themselves. That's why we have contracted a company that negotiates cable contracts. A homeowner knows of them personally and has experience with them. Therefore they can muddle through the 36 page contract. I believe our Board is doing their due diligence at this point. I realize the deep pockets of the cable company. They basically have a monopoly in our development. In regard to your comment to the community getting only a financial obligation, I did mention that the Cable Company will give the HOA $115,000 check to do as what they will with. Which would be to put in our reserve fund since the Developer paid all Budget Deficits during his control as opposed to funding Reserves. This would be a very big plus to the community since we are just starting out and have a zero reserve fund at the moment. The homeowners benefit from having some money in a reserve fund, extremely lower monthly cable cost (with 6% cap per year) of there cable and internet ($55 including taxes) as opposed to what they were paying, 250 channels plus (not basic), and faster internet 1Gb, than they have now. I realize that there are residents that do not want this for their choice. But, the Board does have a fiduciary obligation to the whole community and I feel they should act on their decision in regards to this matter. The Board will never please everyone, that's just a fact. Any further suggestions would be appreciated. Thank you.
LoriM15 (Florida)
Posts: 1,009
Posted:
We have had a bulk services agreement with the company I'm sure your dealing with (starts with C or their other name X) since our developer turnover almost 20 years ago. Our contract was up for renewal for another years this year, so we spent much time last year investigating our options. Our choices came down to the current company or go with one of the fiber companies (let's call the name of that company "Hot").

First, having a bulk agreement is very common here in Florida. And it saves everyone, except people who don't live in the community full-time, a lot of money. The cable channels are basically free - the per household cost is equivalent or less than you would pay for internet alone as an individual. I think that decision is a no-brainer. Remember, your monthly (or quarterly) assessments are going to go up significantly to cover the monthly cable charge, so the optics are not going to look good. You really need to communicate clearly what the costs are and why it increased the assessment.

Be careful to check your documents and you may want to check with your attorney - because adding cable to your community as a bulk service may be considered adding an amenity. And you may need a vote of the members to do that. We also have bulk security monitoring and are going to discontinue that contract. I had the attorney check to make sure we were allowed to discountinue it without a vote and we can.

Everything you have written is pretty standard for their contracts. We get HD cable service with about 200 channels, three boxes including cloud DVR service, 400 mbps internet included in our price. We also got the per door incentive.

The only issue is that you will be locked in for five years, so even if the technology changes you are out of luck. There is no negotiation with that company. We had our attorney look at the contract and make some changes that were favorable to us, and the company said take it or leave it. I was out-voted. I wanted to go with the fiber company because not only is their technology better (internet speed is higher and it's the same for uploads and downloads) but also their customer service is much better. Many people now stream everything and don't use their cable boxes. In our community survey, about a third of the people didn't use their boxes. But the good news is you can use an app and watch the cable service from anywhere, so you aren't really constrained to viewing only in your home.

Bottom line is you are never going to make everyone happy, but if you can prove that it will save the majority of people money they will be happy. Nothing really changes - the equipment usually stays the same and they just stop getting charged for what's included in the bulk contract. Most people will end up still having a bill because they have extra services.

If you have any specific questions about the whole process I will be happy to answer.
NA1 (Massachusetts)
Posts: 190
Posted:
The company will benefit. They would not write these contracts if they were not in their own interests. It is unlikely that given full data it is beneficial to you. If they give you penetration info, look at it skeptically. Ask for the evidence to support it (subscribers and service levels and monthly cost). They are unlikely to provide it, but maybe…

Cable companies will negotiate rates down. Even monopolistic ones will if you tell them to shut them off services. I haven’t paid more than $40/month for the service I actually need, though for the big company starting with C I had to call and threaten to shut off service every year. Right now I pay $30/month to another vendor with a lifetime price guarantee. Some people likely have nothing. Some of our friends just use their cell service.

They also like to oversell internet speeds. 200 mb/s is enough for most people unless they are downloading large files all the time. As I said last time this question was asked, three adults in our household had no trouble, and 2 are software engineers and the third does a lot of video calls and has to
be online most of the work day

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