In a limbo with Dish?

[bigj954]

Sorry for the long post and thanks for all your help and advice in advance.

So I just moved to a Condo and they have a bulk contract through a local small subcontractor for Dish Network (hard-wired in the walls with the dish on the roof for the whole condo) Which you're forced to get the equipment through the subcontractor, the equipment they supply is outdated, and they charge you an arm and a leg just to get the service started even if you install it yourself.

Then not to mention Dish Network has an ongoing dispute since July of last year with Sinclair for my local Fox channel and my regional Fox Sports Net that has not been resolved yet. Which I do watch Fox for NFL football and my regional Fox Sports Net for NHL hockey both religiously. Then completely separate Dish Network has been in a dispute with AT&T over the HBO and Cinemax channels for 2 years, which I do watch shows like Righteous Gemstones on HBO. Then to put the icing on the cake (sarcastically speaking) I don't even have on demand or no access to any of the channel apps (of the channels that actually do receive) because I don't have an actual dish login due to the fact that we have to go through this subcontractor.

Also I found out that in my state of Florida that there is some type of statue that states basically even if the building has a bulk contract with a company that I'm still allowed to get any service that I want as long as that other company is licensed for my area. Also the statue says that the building cannot charge me or the other company any additional fees for me to have the service. The stuation is though my condo is telling me that they won't allow another service provider on the property due to the homeowners association and that they will ask them to vacate the premises immediately.

So with all this being said what do you recommend I do? I mean I may be able to live with their outdated equipment, but I don't see them ever returning my Fox channels or HBO and Cinemax anytime soon. Which missing these channels are a huge deal breaker for me.

 

[Bobby]

How do you get internet? What kind of download speed do you get with it?

 

[N6BY]

Maybe the condo owner is getting kickbacks from the subcontractor?

As Bobby already indicated, if you have good internet speed there are some good choices for streaming services.

Another option - Do you have a south facing balcony? If so, you could put a dish on a tripod and get DirecTV. I don't think the condo owner or the HOA could stop you from doing what you want within the area you are renting.

If all else fails, find another condo with friendlier terms. The one you are in sounds not so nice to renters.

 

[NYDutch]

I agree with N6BY, and if/when you look into another condo, do your homework and ask the right questions...

 

[HipKat]

Isn't this a direct violation of the OTARD statute?

 

[bigj954]

How do you get internet? What kind of download speed do you get with it?

I have to get internet from the same subcontractor which is an ethernet port built in the wall in one of the rooms. Also they only offer up to 200 Mbps maximum and charge very expensive $179 for that speed. I actually have the 150 speed for $79. Which coming from Comcast with gig internet though it was so much better. Don't get me wrong this internet is pretty straight and it's reliable as far as a steady connection goes, but it's definitely not what I had previously and I can tell the difference in speed and quality.

 

[bigj954]

Maybe the condo owner is getting kickbacks from the subcontractor?

As Bobby already indicated, if you have good internet speed there are some good choices for streaming services.

Another option - Do you have a south facing balcony? If so, you could put a dish on a tripod and get DirecTV. I don't think the condo owner or the HOA could stop you from doing what you want within the area you are renting.

If all else fails, find another condo with friendlier terms. The one you are in sounds not so nice to renters.

I cannot move as I have an agreement with the owner now for a long-term lease and we just moved exactly a week ago today. I'm not going to spend an arm and a leg again to break the contract and then have to pay movers again all because of the TV service. Plus this is a nice higher end condo for a very reasonable price, so everything about this place is great except the TV service.

 

[bigj954]

Isn't this a direct violation of the OTARD statute?

That's the statue I was referring to in the OP and I already told the property manager about this but he doesn't seem to care and he is lying to me. The reason I say he's lying to me is because when I first moved in there was supposed to be an ethernet port built into the wall for Internet service from the subcontractor. Apparently there is but it was tucked in the wall behind an empty wall cover plate. When I didn't see any ethernet port I went to the property manager directly to ask him why there's not one pre-installed like they're supposed to be. Then he starts telling me that I can get any provider I want for cable only, but I have to get internet from the same subcontractor that I have now and I told him that is not true because Comcast, AT&T, and DirecTV after calling all of them will not do service for this address and doesn't even have it in their system. Even Comcast has another ticket from another Resident at the same condo requesting to get Comcast service and their response to the ticket from Comcast is that the homeowners association will not let them on on property and we'll ask them to leave immediately, which to me is illegal based on the statue that I'm referring to and you could be referring to the same thing.

 

[bigj954]

Isn't this a direct violation of the OTARD statute?

I don't know what state you're in, but in Florida we actually have statute number 718.1232 Cable television service; resident’s right to access without extra charge: No resident of any condominium dwelling unit, whether tenant or owner, shall be denied access to any available franchised or licensed cable television service, nor shall such resident or cable television service be required to pay anything of value in order to obtain or provide such service except those charges normally paid for like services by residents of, or providers of such services to, single-family homes within the same franchised or licensed area and except for installation charges as such charges may be agreed to between such resident and the provider of such services.

Which the statue and everything I said in the first paragraph is what I told you the property manager but he doesn't seem to care in the slightest bit, except lie to me like I mentioned in the other reply.

 

[HipKat]

I don't know what state you're in, but in Florida we actually have statute number 718.1232 Cable television service; resident’s right to access without extra charge: No resident of any condominium dwelling unit, whether tenant or owner, shall be denied access to any available franchised or licensed cable television service, nor shall such resident or cable television service be required to pay anything of value in order to obtain or provide such service except those charges normally paid for like services by residents of, or providers of such services to, single-family homes within the same franchised or licensed area and except for installation charges as such charges may be agreed to between such resident and the provider of such services.

Which the statue and everything I said in the first paragraph is what I told you the property manager but he doesn't seem to care in the slightest bit.

He doesn't expect anyone to push the law, so he'll flaunt it, confident that he'll never end up in a courtroom, is my best guess

 

[bigj954]

He doesn't expect anyone to push the law, so he'll flaunt it, confident that he'll never end up in a courtroom, is my best guess

So what do you recommend that I do before contacting an attorney? Because I want them to follow by the law and allow me to have any service I choose.

 

[dare2be]

Are there any local news "on your side" type segments, which you could contact to generate some negative publicity?

 

[mdram]

contact the local states attorney if the condo is violating the law

 

[HipKat]

So what do you recommend that I do before contacting an attorney? Because I want them to follow by the law and allow me to have any service I choose.

The first thing I would do is become well acquainted with the law. Things at work in his favor or not allowing something to be permanently attached to the building and confined to area that you lease and it is not generally accessed by the other tenants. I would also give the above two options a shot before I called an attorney. I know it sounds like a lot of work just for TV but to me, it’s just as much about the principal

 

[navychop]

So what do you recommend that I do before contacting an attorney? Because I want them to follow by the law and allow me to have any service I choose.

First thing to do is find another place to live. Once you start making his life difficult, he’ll find a way to make yours more so. Or find a way to evict you.

Sorry, that’s what I’d expect.


Sent from my iPhone using Tapatalk

 

[Tampa8]

"Statute"

My best advice is what I would do in your situation assuming I didn't check on this before signing the lease.
I would talk to an attorney familiar with condo laws and at this time not address the issue with management.
I would then take action consistent with the Attorney advice if there is action to take.

As mentioned in an above post if you have a balcony facing where DISH or Directv satellites are even without an attorney you should be able to put a dish there, in your space and get service. Or perhaps streaming service over your internet.

As an aside, there is a chance should you want out of your contract by asserting your right to have a satellite dish on your balcony (if you have one facing the satellites) you may be given that chance rather than them letting you do it. Not a lawyer, but I see virtually no chance they can stop you from using your space under the OTARD law.

 

[bigj954]

"Statute"

My best advice is what I would do in your situation assuming I didn't check on this before signing the lease.
I would talk to an attorney familiar with condo laws and at this time not address the issue with management.
I would then take action consistent with the Attorney advice if there is action to take.

As mentioned in an above post if you have a balcony facing where DISH or Directv satellites are even without an attorney you should be able to put a dish there, in your space and get service. Or perhaps streaming service over your internet.

As an aside, there is a chance should you want out of your contract by asserting your right to have a satellite dish on your balcony (if you have one facing the satellites) you may be given that chance rather than them letting you do it. Not a lawyer, but I see virtually no chance they can stop you from using your space under the OTARD law.

So earlier this morning I did some investigating. It goes to find out that the contract agreement was between the construction company before any residence even 1st moved in back in 05-06 that's still active today, but expires soon. I also met with the board manager from the office and the president of the board that happened to be there. They both told me that they would like to get out of this bulk agreement with the company they have now and they want to switch over to Comcast or AT&T for their bulk agreement. They even told me that they tried to contact Comcast several times and no one came out or returned their call in regards to an estimate for bulk agreement for the condo. They even told me that they supposedly tried to get lawyers to intervene and break the contract between a subcontractor and the condo, but Unfortunately they can't because when they signed the agreement that statue I provided in the replies above did not exist back then so they have to follow the laws of what existed when they signed the agreement.

So it appears that the board, the office and the residents of this building want to switch over and we're all in agreement. We just basically have to wait until this contract expires.

 

[mdram]

they cannot stop you from putting a dish on a balcony if its your exclusive use
thats in OTARD

 

[Tampa8]

Well we have Dish Network right now with the dish on the roof for the whole entire condo, it's a multi dwelling type of setup. The only problem if you're making us use outdated boxes like the huge bulky VIP DVR while paying three times the amount just to acquire it then the price you can actually purchase it on the Internet by yourself. Then they don't allow DirecTV on the balcony and they don't allow Comcast or AT&T to even walk on property for now.

I did speak to the board manager a little while ago this morning and they told me that this contract was between the people that built the building before the residence even moved in. They told me that they would like to get out of this contract and switch to Comcast or another provider, so there's that. I even happened to meet the board president and they told me the same thing that they want to get out of this contract and they don't like it. It was a good thing for me and the rest

So earlier this morning I did some investigating. It goes to find out that the contract agreement was between the construction company before any residence even 1st moved in back in 05-06 that's still active today, but expires soon. I also met with the board manager from the office and the president of the board that happened to be there. They both told me that they would like to get out of this bulk agreement with the company they have now and they want to switch over to Comcast or AT&T for their bulk agreement. They even told me that they tried to contact Comcast several times and no one came out or returned their call in regards to an estimate for bulk agreement for the condo. They even told me that they supposedly tried to get lawyers to intervene and break the contract between a subcontractor and the condo, but Unfortunately they can't because when they signed the agreement that statue I provided in the replies above did not exist back then so they have to follow the laws of what existed when they signed the agreement.

So it appears that the board, the office and the residents of this building want to switch over and we're all in agreement. We just basically have to wait until this contract expires.

I actually believe them. That's a positive for sure. If you want quicker action or an alternative more quickly either see your own lawyer or put a dish on your balcony if feasible..... Good luck!

 

[bigj954]

"Statute"

My best advice is what I would do in your situation assuming I didn't check on this before signing the lease.
I would talk to an attorney familiar with condo laws and at this time not address the issue with management.
I would then take action consistent with the Attorney advice if there is action to take.

As mentioned in an above post if you have a balcony facing where DISH or Directv satellites are even without an attorney you should be able to put a dish there, in your space and get service. Or perhaps streaming service over your internet.

As an aside, there is a chance should you want out of your contract by asserting your right to have a satellite dish on your balcony (if you have one facing the satellites) you may be given that chance rather than them letting you do it. Not a lawyer, but I see virtually no chance they can stop you from using your space under the OTARD law.

We have Dish Network now with a satellite dish on the roof for the whole entire building/multi dwelling unit set up. 1st there's no whole home DVR provided by them, 2nd they're making us use outdated boxes such as the big bulky VIP DVR, then 3rd they're makeing me pay 3 times as much just to acquire these type of boxes because we're not allowed to purchase official Dish Network boxes like newer boxes from somewhere else and then just use it with with the subcontractor for Dish. On top of all that I'm located in Miami, Florida and we still don't have our local Fox channel or any of the regional Fox Sports Network channels because of Dish Network disputes and then separately we don't have any HBO or Cinemax because of the Dish Network disputes. Which we actually watch the Fox Sports Net Regional channels religiously for NHL hockey and NBA basketball. I also won't be able to watch the Super Bowl at home because the local Fox channel is blocked out, which I actually watch the local Fox channel religiously for Sunday football and college football on top of getting the IP TV version of Sunday Ticket due to the fact that I'm unable to get DIRECTV due to living in a condo and DirecTV finds this address to be valid for the Internet only Sunday Ticket when I checked recently