💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

TracyC2 (Florida)
Posts: 1
Posted:
We have a part of our covenents that says that we will be forced to pay for a certain cable, internet, and alarm monitoring service. But, the services that they provide are nill. There is a part of the covenets that say that the HOA may decide to let owners opt out of the contract with the said services. Do we have a leg to stand on? We are a brand new community and the HOA has not been turned over the residents yet. So, we are screaming in the deaf ears. Just wondering if anyone else has had a problem similar to this and have come up with an option...
JosephW (Michigan)
Posts: 882
Posted:
Here are a few suggestions:

1) Start a paper trail of your problems and efforts to correct them - what, when, where, who
2) I am going to assume that the cable contract is with the association, not the developer (I know they're the same right now, but the actual parties to the contract make a difference). Your correspondence should be addressed to the board of directors of the association, not the developer. They may be one and the same, but as the developer, he has no relationship with the cable company, but in his role on the board (either personally or through employees) there is a relationship that he is responsible for.
3) If you have a local cable commission (municipal, county, or state), copy them regarding your problems.
4) Request that the board establish a committee of owners to survey the owners as to the cable service so that the association may establish a record of their service or lack thereof.
5) If you have an annual meeting or any meeting of the owners at which owners are allowed to ask questions, raise the issue of cable service and ask if others are having similar problems. If they're not, then you're probably on your own with the cable company. If there are a number, repeat your request to survey the members through an owner committee, to make recommendations to the board regarding cable service.
6) Keep everything businesslike. You're trying to get the association to take its duties seriously, not pick a fight with them.
7)Don't forget the cable commission, they might be your best bet right now while the developer is in control. If there is one, they probably have a complaint process. Use it.
8) If the costs of the cable are built into the assessment, do not, I repeat, DO NOT withhold your payment or any part of it as a protest over lack of service. Courts have routinely held that the responsibility to pay the assessments is separate from any other problem you may be having with the association.
9) If all else fails, send a letter to the board, detailing your problems and attempts to correct them and formally request that you be allowed to opt out of the service as provided under the documents, cite the specific language. Check the documents to see if the board is required to take any action on your request in any specific time period and then give them that to respond.
10) Last resort, you'll probably have to get an atorney to review the documents as to their specific language and to recommend a further course of action. Sometimes it takes a letter from an attorney to get a developer-controlled board to get off their collectives duffs.

Hope this helps a little.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
CoreyH (Florida)
Posts: 2
Posted:
Usually there is a period of 6 months to a year for a newly formed board of directors to review all contracts that the developer signed and passed on to the association. The newly formed HOA has this period of time, once everything is turned over to them, to review the performance of such vendors and to vote on allowing the contracts to remain valid for the remaining initial term - or to bring in other providers. Check the contract and local laws. Getting an attorney involved or a well-qualified consultant can help this negotiating process. Minimally, you may have the ability to lower the originally negotiated prices to the homeowners. Bottom line...you have negotiating power. Get involved. Go to www.futuremultihousing.com and click on the consulting services tab.
ZurielC (Florida)
Posts: 7
Posted:
We have had this problem for over a year. We have been reported on in the local papers and have planned 1599 homes. We are locked inot a contract for 15 years. The last owners of the company was related to the cable company. We have looked high and low for a solution but no luck. They are far from the other providers. Even if we have documentation going a year back what can one do. Should we explorer the prior builder owner relationship?

Regards,
Z
Tampa fl
ZurielC (Florida)
Posts: 7
Posted:
I forgot to mention that the HOA is still builder run.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here