Can an HOA make you pay for telephone, cable, and internet service if you don’t want it or if have your own provider?

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Can an HOA make you pay for telephone, cable, and internet service if you don’t want it or if have your own provider?

I live in a development that has a monopoly onour phone, internet, and cable service. They say that we can’t cancel our service while we live here. They say we signed a contract when we bought the house. The company that provided service at first went bankrupt and now we have a new provider. I don’t need these services. I own a cell phone and that’s all I need. Is this legal?

Asked on July 15, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To answer your question, you need to get a copy of the presumed existing "covenants, conditions, and restrictions" also known as CC&R's that most likely were recorded upon the property you live insince you and others have a Homeowner's Association in existence overseeing the development.

The "covenant, conditions and restrictions" if existing and recorded on your property would control all property owner's use of utilities and other services if mentioned. If there is no mention of phone, internet and cable service providers in the "covenants, conditions and restrictions" recorded on your property and if you did not sign a contract personally with the Homeowner's Association or any provider regarding phone, internet and cable service, it would appear that you are free to choose your own services.


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