B.M. from Lee County, Florida writes:
Dear Mister Condo,
Many years ago, our HOA condo association voted with a 75% vote of a quorum to receive bulk TV service paid for from our quarterly fees. Now, many years later, we want to discontinue the service and paying for that service with our condo quarterly fees. Since it took 75% of a quorum to receive the bulk service, will it take that same vote to remove that bulk service? Some unit owners still want that service to continue.
Mister Condo replies:
B.M., I am not surprised that some unit owners want to continue the service. Modern conveniences such as TV content, high-speed internet, and phone service are routinely bundled by many HOAs and condominium associations. The bulk contracts they can negotiate with the communication service provider is often quite profitable for the association while also allowing the homeowners to get a great price on their bundle. However, as you are describing, not all homeowners want or need the service which creates a problem for the association. As long as the contract can be terminated with no penalty to the association (be sure you check first), the removal of the amenity is either a Board decision or a quorum of homeowners’ decision depending on your governing documents. Since it took a quorum vote to ratify the initial bulk service agreement, it would follow that it will take a similar vote to terminate the service provision. I would also note that communication to all homeowners and residents will be very important should terminating the service also terminate the phone service many rely on. You don’t want to end up in a lawsuit over removal of phone service to a resident who was counting on the service to access 911 services. If the vote goes in favor of removing the service, be sure to give all residents plenty of notice. All the best!