Townhouse Satellite/Cable Question?

[sahilz]

Hi folks,

I am hoping this is the correct place to ask this question.

I curently live in a condo complex, and the administration has disallowed Satellite TV hence no BELL or FTA. What they have done is that they provide free (or inclusive in maint. fee) Rogers Cable TV (VIP) and receiver.

I have bought a house in another complex which is a townhouse, and apparently Satellite dishes are not allowed either. However they don't provide Rogers cable tv at all. Apparently it is in their by-laws. I haven't had a chance to look through it yet.

I am wondering if it is allowed to not give me a choice and force me to use rogers for TV?

Thanks!

[sfx]

Hi folks,

I am hoping this is the correct place to ask this question.

I curently live in a condo complex, and the administration has disallowed Satellite TV hence no BELL or FTA. What they have done is that they provide free (or inclusive in maint. fee) Rogers Cable TV (VIP) and receiver.

I have bought a house in another complex which is a townhouse, and apparently Satellite dishes are not allowed either. However they don't provide Rogers cable tv at all. Apparently it is in their by-laws. I haven't had a chance to look through it yet.

I am wondering if it is allowed to not give me a choice and force me to use rogers for TV?

Thanks!

Many, many condos and townhomes are like that regarding dishes as they are considered "ugly" with regards to the outer appearance of the building.

They aren't forcing you to use Roger's per se, but since there isn't an alternative cable company available I think you are stuck.

The only alternative I can think is that Bell ExpressVu service that works via a landline, whether that is available to you or not I don't know.

[l69norm]

....I am wondering if it is allowed to not give me a choice and force me to use rogers for TV?

It's legal. Last year, someone tried to take it all the way up to the Supreme Court of Canada and lost.

Judgments of the Supreme Court of Canada
Date:August 23, 2007

SUPREME COURT OF CANADA ‑‑ JUDGMENTS IN LEAVE APPLICATIONS

DISMISSED WITH COSTS / REJETÉES AVEC DÉPENS

32001 Christian Awaraji, Tania Bayoud v. London Condominium Corporation No. 13

Property - Condominiums - What is the standard to enact rules that restrict the common law right to use land for all lawful purposes - Who bears the evidentiary onus to demonstrate that the rules of the Condominium Corporation further the two objectives provided for in s. 58(1) of the Condominium Act

The Applicants, Awaraji and Bayoud are condo residents who installed two satellite dishes on the patio of their unit which the Respondent, Condominium Corporation alleges is contrary to the Condominium Corporation’s declaration, by-laws and rules. Awaraji and Bayoud contended that the Condominium Corporation only provided Star Choice reception through the common satellite television and they wanted the Rogers service as it provided access to Lebanese television. As a result, they put up their own satellite dishes and subscribed to the Rogers service. The Condominium Corporation declaration provided that no television antennae, aerial tower or similar structure shall be erected or fastened to any units except for or in connection with a common television cable system. By-law number 1 adopts this provision and the rules of the Condominium Corporation provides as follows:

The corporation has an agreement with Star Choice for exclusive delivery of satellite services. This service has one dish on each set of units. No other satellite services are allowed.

The trial judge ordered that Awaraji and Bayoud remove the satellite dishes. Their appeal was dismissed.

December 19, 2005 Ontario Superior Court of Justice (Jenkins J.)
Applicants ordered to remove satellite dishes

February 21, 2007 Court of Appeal for Ontario (Simmons, MacFarland and Pardu JJ.A.)
Appeal dismissed

April 23, 2007 Supreme Court of Canada
Application for leave to appeal filed

August 23, 2007 Supreme Court of Canada
DISMISSED WITH COSTS

[sahilz]

Thanks, that was some very good info.

I suppose my only option now is to infiltrate the board of directors when the elections come up. Oh well..

[Cheap Cat]

]Many, many condos and townhomes are like that regarding dishes as they are considered "ugly" with regards to the outer appearance of the building.

It's not just that dishes are ugly, many owners are damaging the common elements when installing them. I sit on the board of my townhouse condo complex and despite having rules that specifically outline where sateillites can be installed and that approvable is needed first, we have people installing these things everywhere, damaging roofs, siding, windows, fences etc.

[BuildingHomes]

Awaraji and Bayoud contended that the Condominium Corporation only provided Star Choice reception through the common satellite television and they wanted the Rogers service as it provided access to Lebanese television. As a result, they put up their own satellite dishes and subscribed to the Rogers service.

Rogers offers satellite reception somewhere?!?

[BuildingHomes]

Regarding this a little further.. The TV/sat providers do make deals with various condo corps for exclusivity. In return the condo corps usually get some sort of free pre-wire during construction. This has happened with a couple of condo-townhouses that I was working on.

[sahilz]

But what happens if the condo corp is not supplying star choice dish service and refusing to allow anyone else to put up dishes.

My concern is that this is anti-competitive of them to force homeowners to use the only other available option namely Rogers, who loves to suck customers dry.

[sillysimms]

It's like this in a lot of condos. Ours is with Rogers. We pay for it in our condo fees so there's no additional charge. I have some problems with Rogers other services we use (I hate the internet cap and especially hate the $5.95 system access fee for the telephone).

However, the cable deal our condo worked out is good. 2 free digital boxes, free digital services fee, $4/month if you want an HD digital box, able to have 6 cable outlets at no extra charge and free TMN.

[BuildingHomes]

Welcome to condo life.

But what happens if the condo corp is not supplying star choice dish service and refusing to allow anyone else to put up dishes.

My concern is that this is anti-competitive of them to force homeowners to use the only other available option namely Rogers, who loves to suck customers dry.