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Article
Courtesy of The Sun Sentinel
By Joe
Kollin
Published September 19, 2007
Bonnie
and Richard Jennette of Lighthouse Point don't want to pay twice for TV
service.
But that's what they and other owners in condo and homeowner associations
are often forced to do to get the quality and type of service they want.
The Jennettes live in a condo and their board voted to contract with a
satellite provider. In exchange for a lower rate, every owner must pay for
the service, whether they want it or not, and the cost is included in
their routine maintenance payment.
If
the mandatory service doesn't provide what an owner wants, such as a
reliable picture or high definition, then the owner must subscribe to an
additional service — if that's allowed. In some condo and homeowner
associations, contracts signed by boards prohibit a competing company from
providing service in that building or community.
The Jennettes are free to subscribe to another service
"Why," the Jennettes ask in an e-mail, "should we be forced
to pay twice for the same basic service just because our neighbors do not
want to have the most current technology and forced us into a contract
with a company that does not provide [high definition] service?"
As if listening to the Jennettes' complaint, the Federal Communications
Commission is considering a rule to prevent cable and satellite companies
from signing exclusive long-term deals with associations.
Proponents of the rule say exclusive contracts prevent competition and
keep residents from taking advantage of developing technologies. Phone
companies including AT&T — once the mother of all monopolies — are
pushing for the rule. Cable companies oppose it.
Florida law lets condo boards make cable or satellite
service a common expense as long as their documents specifically allow it.
The law tells associations how to establish service and exempts blind and
deaf people who are the sole occupants of a unit and owners who receive
food stamps.The purpose of the 1991 law that allows mandatory service was
to reduce the cost for individuals. Bulk rates mean each owner pays less
than buying service on his or her own. Still, owners in Broward and Palm
Beach County have long objected to being forced to pay for something they
don't need.
While the condo law specifically allows boards to make cable and satellite
service a common expense, the law that regulates homeowner associations
says nothing one way or the other.
Fort Lauderdale attorney Blane Carneal, who represents unit owners, said
the state's refusal to put anything in the homeowner law means
associations can't make payment mandatory: "Where do they get the
authority to enter into a contract compelling you to pay?" he asks.
Attorney Gary Poliakoff, who represents associations, says homeowner
boards can make service mandatory if their documents allow it without
restriction.
The issue is undecided, they agree.
Q&A
Q Residents in condo and homeowner association communities complain
they can't talk or sleep because neighbors blast their televisions and
stereos at all hours and refuse to lower the volume. Their boards, they
complain, refuse to do anything and police consider it a civil matter
because the community is private. Are boards required to act to ensure the
peace and tranquility of owners, sleep-deprived neighbors want to know.
A The answer depends on the language of the governing documents,
says attorney Jean A. Winters, of the Boca Raton firm Winters &
Winters.
If the documents prohibit owners from "causing annoyances," then
yes, the board may be required to take action, she said. If the
association doesn't take action, then an owner "may be able to sue
the association for failure to enforce the covenants."
She added, "The police should also be sufficiently interested to at
least talk to [residents], because these homeowners are presumably in the
police's jurisdiction. There may be city ordinances regarding noise, for
example."
She stresses that owners in association-governed communities are
taxpayers, too.
"The idea that homeowners in associations somehow do not have police
protection because HOAs are a 'civil matter' needs to stop," she
said. "Homeowners pay taxes, unless there is some state law
otherwise, and accordingly, have a right to police protection."
Q.
Where can I go with my complaint? Where can I or get more information?
A. Here are some contacts:
State condo ombudsman: [email protected]
; 954-202-3234;
850-922-7671 (not toll free); www.myflorida.com/condos
. The ombudsman's
office answers questions for unit owners, tries to mediate disputes
between owners and boards, monitors elections and educates owners.
Division of Florida Land Sales, Condominiums & Mobile Homes:
954-202-3982; 800-226-9101; www.state.fl.us/dbpr/lsc/condominiums/index.shtml
.
The division enforces state condo law.
State condo law: www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/ch0718.htm
State homeowner association law: www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm
Cyber Citizens for Justice, a nonprofit representing Florida condo and
homeowner association unit owners: www.ccfj.net
.
Community Associations Leadership Lobby, an organization that represents
boards and those who manage and advise associations: www.callbp.com
.
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