Does my master condominium association have the right to charge for and change cable providers (yes) and at the same time dictate that I will use and/or pay for a companion telephone land line whether or not I want one. The master association is ending its relationship with comcast and the new provider is going to be able to charge for not only cable TV but also telephone and internet.
Hello, and thank you for contacting Just Answer.
Ultimately, that will depend on the bylaws of the condo association. If the condo association has the authority in the bylaws to take action such as select a cable provider, and set a standard rate for services, then there is no law preventing this.
Thank you for taking up this issue. My condo docts say that the association has the right to control "utilities" namely gas water electricity and cable tv, but is my telephone service which is used in interstate commerce a utiliy and does the association have the right to say which service I must use and pay, even if I choose not to have any such service?
The relevant state statutes governing the behavior of condo associations are Florida Statutes Chapter 718, Sections 301-103, and can be found at:
http://www.ccfj.net/condo718statutesIII.html#718.3026
That is a close call, but generally yes, so long as the bylaws call for their right to set cable services, and the cable service includes a charge for phone, then that would seem to fall under their authority.
In such circumstances, where the language of the bylaws does not specifically address the situation, however, it is always a good idea to consult with an attorney licensed in Florida and practicing in your area, with experience in condo law (there are a lot of those in Florida). The Florida State Bar Association has a referral service that can be reached at: (800) XXX-XXXX. Good luck to you.