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openbox9

join:2004-01-26
Alexandria, VA
kudos:2

reply to Kearnstd

Re: Deed Restriction?

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?

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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