Legal Question in Consumer Law in Florida

Cable contract with HOA

Until recently FL had one local cable company. The home owners association I live in must have agreed to a deal to get a discount on cable since there were no other companies. Now Verizon has entered the market and I would like to switch to Verizon but I would like the money I pay to the old company through my fees to go to Verizon. Is there any consumer rights against HOA's entering into very long contracts with a service provider? It doesnt allow for much competition and I as a consumer am hurt becuase I will pay more for the same service if I choose not to use the old company. I hope this makes some sense. Thank you


Asked on 8/15/07, 3:29 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Cable contract with HOA

Read your HOA documentation. I suspect that you are out of luck. Most likely, when you bought, you signed a contract that said the HOA could enter into such arrangements. But -- check your paperwork and contact the officers.

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Answered on 8/15/07, 3:39 pm
Johm Smith tom's

Re: Cable contract with HOA

You are probably out of luck but do check your contracts. FL law really is helpful to the HOA.

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Answered on 8/15/07, 11:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Cable contract with HOA

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Many Associations including both condominium and homeowners enter into agreements with cable companies to lay cable and in return for long term contracts with their members. This is often at highly discounted rates or as part of the Association mandated fees. If this is the

case, you will have no choice but to use the service provided or pay additional to another company of your choosing without any credit from the Association. You have no right to opt out of paying this portion of your fees, just the same as someone who does not use athletic facilities, the pool facilities, or a clubhouse can say that they do not want to pay the portion of the fees that pay for those items.

Scott R. Jay, Esq.

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Answered on 8/19/07, 11:24 pm


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