QUESTION

Would the initiation of a bulk telecommunications agreement that includes rewiring a condominium complex constitute a “material alteration”?

Asked on Dec 01st, 2023 on Condominium Law - Florida
More details to this question:
The Board of Directors of our condominium association in Sarasota is considering the establishment of a 10 year bulk high speed WI-FI internet and TV service contract with a telecommunications service provider. As a part of this contract, the provider would wire our entire complex with fiber optic cable. The association would pay a monthly fee for the WI-FI service and a base level TV package for all units as a common expense to be recovered from owners through maintenance assessments. Owners would have the option to contract directly with the bulk provider for additional add-on services.
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1 ANSWER

Good morning, boy, I really hate it when condo boards do this thing. You are prevented from obtaining the service and price of your choice specially these days when there is such a plethora of streaming, internet services and thus prices. I wonder what do the boards get out of this: Uniformity in providing the same service to everybody; thus, less complication? Is there an economic incentive for the association or its board members? Is the latter illegal? I don't know but it sure is a lousy bargain for the condo owners in my opinion. I can tell you that I have seen it before although I have not investigated it. You mention the word "material alteration"? Where do you get that word from? I don't know whether it would be a "material alterarion". In my opinion, one needs to look at the declaration of covenants and to the condo statute at the very least to determine if they can do this. Is the rewiring of the complex a "material alteration"? Common sense would dictate that it depends in the work that is involved. I recently installed in my office fiber optic service. The technician was done in about an hour I'll say. I believe it went through the telephone line. In other words, it was not complex at all. Thus, it was not a material alteration. For further help, please contact the Florida Bar Association Lawyer Referral Service in your area: 800-342-8011. Ask for a condo lawyer attorney. 
Answered on Dec 04th, 2023 at 8:11 AM

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