Bulk Services Agreement

September 13th, 2021 12:18 pm

They let a lawyer look at the deal, and in a way, the lawyer says that we (the community) don`t have a legitimate exit. However, with a little research, it`s pretty easy to dig up the NOVEMBER 2007 FCC ruling, which states that mass service agreements between “multi-channel video programming distributors” (i.e., Comcast) and apartment buildings (i.e., our building) are not enforceable. The Board of Directors has approached Comcast to terminate the agreement, but of course they refer to the clause that “this agreement, if properly executed by both parties, constitutes a binding agreement between the owner [in this case our association of owners, non-individual owners] and the company [Comcast] and its respective successors and recipients for a period of fifteen (15) years. An unknown giant ISP will offer service in our area in the near future, and as a condo owner, I`ve tried to bring our HOA on board and make sure we have everything in place to change (or at least offer the option to switch to the rest of the residents) when the time comes. HOA`s board of directors and other owners seem sensitive to change, but we have hit a stumbling blocks. The HOA says we are “bound” by an agreement with Comcast that runs until 2022! They let a lawyer look at the deal, and in a way, the lawyer says that we (the community) don`t have a legitimate exit. After the turnover, the boards of directors of the owner co-ownership have the possibility to conclude mass service contracts. If the declaration is provided, the cost of communication services, information services or Internet services obtained by a mass contract is a joint expense of the association. § 718.115 (1) (d). Even if the declaration does not contain the cost of these services as common expenses, the board of directors may enter into such a contract and, according to the law, the cost of the service is a common expense.

Id. The costs of services under a mass services agreement may be allocated to owners on the basis of a unit and not a percentage, even if the declaration provides for an other than equal distribution of common costs. Id. How can we present this information to Comcast and say, “Hey, we`re terminating this agreement and we have the right to do so”? Our agreement was signed in January 2007. Does the FCC`s November 2007 ruling effectively render this agreement null and void, even though it was signed before the judgment? I have this information with many citations and examples of case law (Lansdowne on the Potomac Homeowner`s Association v. . . .

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