| reply to Enlightener
Re: Deed Restriction? said by Enlightener:It sounds like the HOA gave an exclusive concession to a provider and is enforcing it through deed restrictions. Provided that each homeowner was aware of this arrangement at closign, I don't see anything wrong with it. There are only two ways around these types of restrictions. A state law prohibiting exclusive contracts like this in the law regarding home owners associations or PUDs(Planned Unit Developments). Or a Congressional law like the one that made most deed restrictions invalid where sat dishes were concerned. Getting a state law changed would be more likely to be passed. But in either case, it is unlikely action is a priority for the legislatures. Especially because these people signed the deed knowing of the rule.
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | however HOAs have been thwacked by the FCC(DBS dishes), and i doubt a HOA could refuse to let Verizon into the devlopment if Verizon has a franchise with that town(unless it is a gated private community, even then it might be shaky).
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openbox9
join:2004-01-26
Alexandria, VA
kudos:2 | Why not? If the HOA is not publicly owned (i.e., no ROW), then why should the privately owned community be mandated to allow entrance of any other commercial entity without their consent? |
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axus
join:2001-06-18
Washington, DC Reviews:
 ·Verizon Online DSL
| I agree, companies cannot lay cable where they do not have a right of way. Franchise agreements are their way of obtaining a right-of-way, but there's no law mandating a franchise agreement. It is in the communities best interest to provide this right of way (as long as its not obnoxious), but developer-controlled HOAs are not looking out for the communities members interest. They made an agreement with OpenBand that forbids competition, so future HOA groups are stuck with it. Buyer beware. |
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