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Opting Out Of Association's Cable Agreement

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By RICHARD WHITE

Tribune correspondent

Published: February 1, 2009

I hope you can help or tell me whether there is anything I can do about this issue with a homeowner's management firm.

Our homeowners association has been receiving cable TV for a number of years for what I believe is called a bulk rate. I just received a couple of high-definition TVs for our 50th wedding anniversary. I called our management firm to see when I would be able to opt out of cable because I wished to use a satellite service with a lot more options for HD. I was told there was no way I could drop out of the cable subscription.

I asked when the contract expires and was informed it's effective until 2010 but if the association renews then, I will still have to pay. I could understand if this was a condominium, but these are private unattached homes. Is there anything I can do?

EH

Miami

Since the bulk cable is part of your homeowner association services, all homes must pay. The board of directors is obligated to include it as a common expense in the budget since it is an existing service. Apparently the developer established the service, which must be continued unless the owners vote to change it in 2010. The good news is that you have the right, with some limits, to still install a dish. That way you can have the service you want.

Yes, you will need to pay for basic cable and the expanded dish programs. The cable companies that I know have many HD channels that are very competitive with dishes. Maybe you need to ask your cable company for a list of their HD channels and what their plans are for HDTV.

I belong to a homeowners association. We operate with only four directors, who have been in office for years. There is an election coming up for all positions.

Say new directors are elected and, once they are in office, they discover that the past directors did things not in compliance with the Documents and the Florida statutes? That they even broke laws?

Who takes the blame: the new directors or the ones who left office? This could be money improperly used or other operations. Please don't just tell me to get a lawyer.

First, your board should have an odd number of directors. The directors, then, elect the officers. At the annual election, have the members elect an odd number of directors, maybe three or five.

If it is found the past board improperly used association money by fraud or took money or property, then you should file a police report. If you simply feel they acted improperly, that is another matter. If it was just bad business decisions, they can say they made choices at the time with the best information available.

I would forget any legal action and correct the mistakes, then properly operate the association in the future.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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