Declaration Required Service Purchase

Started by KeithS2 • 3 replies • 1180 views

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KeithS2 (Florida)
Posts: 1

Posted:

The developer included in the community covenants a requirement that all homeowners purchase cable TV service and security service from one of his companies. The covenants also state no change can be made without the approval of the company providing the service. Are there other communities or boards who have successful challenged such an requirement?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Depends.

Is it a large multi unit building?

Or is it a development with single houses? Did the HOA sign an agreement with the cable company to run wires provided people bought cable from them?

Could be a bunch of different reasons here. I've never heard the security one before.

KirkW1 (Texas)
Posts: 1,665

Posted:

Well, I can't tell you if it is binding or not. This site indicates it might not be:
http://www.hoalawblog.com/2008/02/fcc_bans_exclusivity_contracts.html

This site indicates it is:
http://www.palmbeachpost.com/search/content/accent/epaper/2009/01/28/axd_condo_0128.html

At the end of the day you may have to involve legal council to end this.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Keith,

Regarding the cable service contract: if you are a condo community, the developer is in violation of FCC Rule 07-189, exclusivity clause for video services. Here's the prohibition: "No cable operator or other provider of MVPD service subject to 47 USC Sec 548 shall enforce or execute any provision i a contract that grants to it the exclusive right to provide any video programming service (alone or in combination with other services) to a MDU (multiple dwelling unit). All such exclusivity clauses are null and void."

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