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Changing channel on cable service
Q: When we purchased our home, we were allowed to select to add cable television to our maintenance fees. At that time, we only had one choice and we added the service. Now there are other services, and we would like to change to another carrier. The HOA has never given anyone the opportunity to discontinue the basic cable option. Would we be allowed to change?
A: Most associations that have basic cable service are under a contract with the cable provider. You would need to find out if this service will allow an owner to escape from the contract. It is really not under the HOA's decision to cancel the service but the control is within the contract for service. You can start by sending a letter to both the board and the cable company and ask how you can cancel your service.
Owner will pay no matter the source
Q: I recently attended a condominium owners meeting where the budget was presented. I note that they had withdrawn funds from the reserves to upgrade the spa to comply with the VGB act. Can you help me to understand how they can take money from the pool reserves without the members' approval?
A: You are referring to the Virginia Graeme Baker Pool and Spa Safety Act, Public Law 110-Title XIV was signed into law on Dec. 19, 2007, and became effective on Dec. 19, 2008. The act's purpose is to prevent drain entrapment and child drowning in swimming pools and spas. It is a situation where a change in the laws requires the board to install new valves to and drain covers for your swimming pool and spa. I made calls and found that the equipment will cost around $1,000 and the installation should be less than $1,000 for a total cost of less than $2,000. The total cost would depend on the equipment necessary for individual pools and spas. I would hope that you would not object to spending this amount if it saves a child's life.
As for taking the funds from the reserves, would it matter if they take it from the expense budget accounts or maybe approve a special assessment? In the end, any expense will be paid by the owners, so does it really matter if the board uses money from the pool reserves, the expense funds, or by a special assessment?
Richard White is a licensed community associations manager. Write to him at 6039 Cypress Gardens Blvd., No. 201, Winter Haven, FL 33884-4115. Please include your name and city.
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