Q–Our cable television problem doesn’t seem to be unique, but it is frustrating nonetheless. Our building wants to switch to another cable company–there is universal agreement that the service has been poor.
However, the cable company maintains that they own the wires in our building and says it has no intention of removing them. Their people have told us that if we attempt to remove the wires and damage this equipment, the company will hold the association liable.
In effect, the company’s position holds us hostage and forces us to sign a contract in perpetuity or run the risk of high expenses.
Currently, we have a month-to-month arrangement with the company, after the latest term of the contract ran out. They refuse to give the association a one-year contract, insisting on a minimum two-year agreement.
It has also come to light that, even though we have a bulk contract arrangement, this company has been charging some units for basic service during the contract period.
While issuing a refund to the association for periodic interruptions in service, the cable company hasn’t issued similar refunds to association members who have premium channels.
How can we get out of this situation safely and promptly without being sued? What is the status of the law on this matter? How do we make sure we don’t get ourselves into the same pickle with the next company?
A–Don’t take it for granted that the existing company owns the wiring. If the wiring is part of the original master antenna system for the building, it is association property.
If your building has a loop-through wiring system, the cable operator must notify the building that it may buy the wiring. Therefore, determine the origin and the type of wiring before responding to the cable company.
The company may not have a valid claim, or has failed to offer the equipment to the association. Wiring installed in the form of a home run system, under proposed government regulations, will require the company to notify the association whether it wishes to remove, abandon, or sell the wiring to the building.
The issues you suggest should have been resolved in the original contract. Cable contract provisions should include a statement of ownership for each type of equipment with a clear indication of whether the company or the association owns the wiring.
The contract also should provide a specific time limit for the company to remove its equipment if the contract is terminated.
My recommendation is to proceed with the new contract and not assume that you will be forced into litigation or held hostage by the cable company. The existing company cannot force the association to accept bad service.
As for the recovery of refunds for service outages, the association has the right to seek reimbursement for these interruptions. Individual owners with premium channels have separate contract arrangements and they must recover credits for service interruptions on their own.
Q–I live in a 38-unit condominium and have a neighbor who has cats. When the weather is warm and humid, my unit smells strongly of cat odor. I also learned that the neighbor is not disposing of her garbage, smokes heavily, and uses her mattress and table to extinguish cigarettes. Aside from the odor, she is a safety risk to both me and the association.
I have requested assistance from the board of directors because it appears that this neighbor violates the provisions of the bylaws which prohibit residents from keeping pets that create a nuisance. She also violates another section of the bylaws that prohibits any noxious or offensive activities.
The board is unwilling to assist me by levying fines, removing the cats from the premises, or requiring the owner to clean her unit. Board members tell me they can’t force the owner to remove her pets.
What, if anything, can I do in this situation? I want to sell my unit; am I required to disclose the odor problem to prospective buyers?
A–The board of directors and you both have the power to eliminate the nuisance caused by your neighbor. The conditions you describe violate provisions against nuisances caused by pets or other activity.
The board can levy fines and file suit to remove the pets. If your neighbor fails to properly clean her unit, the board has the power to file a lawsuit.
The board also has the right to impose fines by statute under Section 18.4 of the Illinois Condominium Property Act. It appears that the board is clearly avoiding its responsibility.
This particular problem is not a specific disclosure item under the Illinois Residential Real Property Disclosure Act. It would appear, however, that the odors your neighbor creates would be readily apparent to a prospective purchaser.
The smoking habits may be the most alarming aspect of her conduct. The board should take immediate action to stop any conduct that may cause danger to persons and property.
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Mark Pearlstein is a Chicago lawyer who specializes in condominium law. Write to him c/o Condominiums, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can’t make personal replies.
