Can a homeowners Board of Directors give right of entry to a cable company to install their equipment without a vote from the homeowners?

Answer 1

Several factors are involved in your question.

First, the choice of a cable company was probably made during a board meeting and should be recorded in the minutes as a motion and a vote. Owners may not have been able to vote on this item.

The association may have made this choice, based on the economics of delivering the service to the community at a lower rate than collectively, individual owners would have paid. A discussion during the board meeting would have informed owners.

Second, paying the cable company may have been a budget item, in which case, you could have voted not to ratify the budget, which may have precluded the association from executing a contract with the cable company.

Third, entrance into your unit is dictated in your governing documents, and generally, the association is required to give you substantive notice for entry, which you may have been able to deny in this case, since entry by the association was not based on any kind of emergency.

As well, review your governing documents, to determine your rights vis-a-vis those of the board's agents when it comes to entry into your unit.

Be aware, however, that even though you may not choose to do business with the cable company, if the budget passed, you'll be paying for at least the basic service in your assessments.

Best practices dictate that you read your board meeting minutes and review the annual budget in detail, so that this kind of situation does not present a surprise to you when it happens.

There is one caveat to boards that make these choices: when owners do not pay assessments, you act as the collection agency for the vendor. You pay the full monthly rate whether or not owners pay their assessments.

Answer 2

It depends on the specific rules and regulations outlined in the homeowners association's bylaws and governing documents. Typically, decisions regarding entry onto individual properties would require a vote or approval from the homeowners in a general meeting or through a formal process. It is advisable to consult the association's bylaws or seek legal advice to determine the specific requirements for such decisions.