Condo owners have right to use cable service of their choice
Dear Poliakoffs,
I live in a condominium building. Our association has entered into a bulk contract with a new cable company to replace Comcast as our basic internet and cable provider. I am a Comcast/Xfinity customer who wants to retain Comcast, even though I will have to pay the basic monthly addition to our association fee for the new company (and for services I will not be using). However, according to the new provider, they have an exclusivity contract with our association and Comcast will have to disconnect all service to our complex. Can they do that, or do I have the right to retain Comcast as a consumer? Comcast has already told me they have no intention of cutting off my service.
Signed. J.M.
Dear J.M.,
In 2007, the FCC officially declared exclusive service or access agreements in cable service contracts to be unlawful. This also would include exclusive easements that would purport to grant a cable company an exclusive right to run wiring through a building. Comcast certainly knows this, and this is why they have no intention of cutting off your service. I have to imagine the new cable provider is aware of this as well, and I can’t begin to imagine how they think they can forcibly disconnect Comcast from the units. The only exclusivity agreement that might be enforceable would be an exclusive right to market their services on the condominium property, but that certainly wouldn’t lead to blocking other service providers. Now, it is possible that, depending on the ownership of the wiring in the building, Comcast might need to install new wiring and/or equipment—but there is no way they could be forcibly blocked from servicing your unit.
Consider finally that the Condominium Act, at Section 718.1232, Fla. Stat., provides that “no resident of any condominium dwelling unit…shall be denied access to any available franchised or licensed cable televisions service…” All in all, I would push back on this new provider and try to pin down why they think they have the right to be the exclusive cable provider in the community.
Dear Poliakoffs,
I live in a community where two neighboring HOAs have formed a joint use committee. It seems that this committee has more power than the board of the two HOAs. I understand its purpose—to maintain common grounds and manage reserve accounts. But, why is the joint use committee involved with things like social activities? Violations I could understand, but activities don’t seem to fit its purpose. Can you summarize the purpose of a joint use committee and explain how it would be properly funded?
Signed, J.D.
Dear J.D.,
The problem with your question is that there is no standard formal construct that would be called a “joint use committee.” It means something different, and is structured differently, in every community. Joint use committees are common when two separate and unrelated associations have to share a recreational facility, such as a clubhouse, or other shared common areas. Some are simply informal committees with a bank account that is funded by two or more associations, where the members of the committee are appointed by the associations, and they have been delegated authority (either by covenant, contract or informally) to make certain decisions on behalf of the associations as it relates to the recreational facilities. In other circumstances, the joint use committee is actually a formal, incorporated entity with its own corporate procedures. I tend to prefer this kind of structure, as it allows the committee to hire vendors, have bank accounts, and engage in its business more efficiently. And as I noted, the purpose of an informal joint use committee (which is what it seems you have in your community) can be essentially anything desired by the boards of the various associations. If the associations want the committee to manage joint recreational activities, it can delegate that authority to the committee (whether association common funds can be used for such activities is a legitimate and separate question, but there is no real reason the committee cannot serve as event planners if desired—that’s pretty common). Even when a joint use committee is not its own formal entity, I recommend that the various associations memorialize the operation of the committee and its powers in some kind of contract that can be executed by all the associations, so there’s no question as to what the committee is responsible for and how it will operate.
Ryan Poliakoff, a partner at Backer Aboud Poliakoff & Foelster, LLP, is a Board Certified Specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff, pioneer of the community association legal industry, tireless advocate, and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods—The Consumer’s Guide to Condominium, Co-Op and HOA Living. Email your questions to condocolumn@gmail.com. Please be sure to include your location.
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This article originally appeared on Florida Today: Poliakoff: Condo owners have right to use cable service of their choice
