I own a condominium and want to know my HOA’s right regaridng contracting for cable TV services without the knowledge or consent of unit the owners?

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I own a condominium and want to know my HOA’s right regaridng contracting for cable TV services without the knowledge or consent of unit the owners?

Our declaration and rules and regulations make no mention of cable television services, yet the board is treating basic cable television service as a common expense, and charging all unit owners based on square footage ratios, whether the individual owners want the service or not. The expense is combined with other truly common expenses and paid through monthly assessments, so owners aren’t even aware of how much they are paying for the service. Is what the board is doing legal? What recourse do owners have if it isn’t?

Asked on December 9, 2012 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that the best way to get the answer to your question is to write the HOA board for the authority that it is making the decisions upon for contracting for the services that you have written about and such is to be submitted in a set time period. Keep a copy of the letter for future use and need.

If you do not get the answer in the demanded time period, you need to consult with an attorney experienced in planned unit development in that the HOA may be acting without authority.


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