Legal Question in Real Estate Law in Florida

Re: Is there any way out of a public utility service provider lock down through

DISCLAIMER: Not Legal Advice. No Attorney-Client Privilege is created by this communication. Seek advice of local, qualified legal counsel.

The short answer is: not likely. Much of the answer will turn on the language of several documents: 1) your Declaration of Condominium, 2) the telecom provider contract and, 3) your own deed.

It is very likely that the Declaration of Condominium enumerates the powers and responsibilities of the governing board, and usually that will include the negotiation of service contracts for the condominium. Unless the board has somehow exceeded its authority or the contract is otherwise invalid, you will be bound as a homeowner to pay fees assessed for that service.

Many condominiums and homeowner association-governed developments will have a sign posted need their entrance, reading "Deed Restricted Community." Even if not, you will likely have a provision in your Deed which subjects ownership of your condo to the condominium governing documents.

One possible way of avoiding this result, however unlikely, is to seek a change in the rules of the condominium, or otherwise go through the channels set forth in your condo's governing documents. Not to get your hopes up, but even if you do manage to get your condominium rules changed, or a variance granted, you still have to find a way to avoid the terms of the cable provider contract.

This will be very difficult to do unless they themselves are in breach in some manner. Also, you should understand that you are not being charged whether you use it or not, it is because it is being made available to you during the contract period.

Good luck to you Sir.