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Fredkrueger100

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If any of y’all remember me starting a thread about me buying a house a couple of years ago and the addition doesn’t have fiber internet and I can’t get anything but either satellite or a hotspot. Well after two years of trying to get our local provider Vyve broadband to install service I finally got the great news I have been waiting on. Got a call from a supervisor at Vyve last week telling me they approved construction in my addition and that they would be installing service in the next week or so. Saturday the line locators came out and painted the lines and installed the flags. I got a call from our HOA president while I was outside and he left a message for me to call him back. I did and precedes to tell me that he stopped them from coming in. They were supposed to start today!! I said how and why did you stop them and he said the covenants state hat 75% approval has to be voted to allow them to install service in our addition. I read the covenants and it doesn’t specify that a utility or cable company requires a vote only that “major additions” or “changes” need 75% approval. Now this HOA president is a piece of crap. He thinks his crap don’t stink and he acts like he owns the addition. I didn’t vote for him. He told me Vyve was supposed to send him some info so he could go door to door and “explain” what is happening. Now I know him, he will go around and do everything he can to stop Vyve from being able to install in our addition. Even though it won’t affect the guy any. He even told me he didn’t care if it came in because he has att dsl. Which sucks by the way. A friend of mine lives around the corner from me and he has it and says it is expensive and slow. They can only get a maximum of 6mbps download speed and it costs over $40 a month! I don’t know what to do to ensure that we can get service. He said something about us voting using paper ballots but I know he will lie and say there weren’t enough votes. Most of the people in our addition don’t care what takes place or what he does. They just do what he wants. I thought about making flyers and putting them in my neighbors mailboxes but didn’t know if that is a crime or not. I would go door to door but I am very shy and don’t know most of the people. Any suggestions on what I should do would be great. Also, ATT came in a few months ago and installed some new lines and we didn’t vote on that. But it didn’t come around through his yard so it didn’t matter. But this will so he is trying to stop it. Even though part of his yard is easement. This really ticks me off to no end. Very frustrating to be told we are getting service and then turn around and be told we can’t.
 

tRidiot

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Re-read your HOA, get records on the properties specifically looking for utility easements, get a lawyer.

If it doesn't say anything about utilities, only construction, then yeah. I say fight them.

<edit> And this is why when we decide to move, it'll be somewhere with less people.
 

Tanis143

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Whats odd is technically the HOA should not be able to say nay or yay to what a utility company does. If the city grants them access to use the city easement the HOA has no authority to stop them. I've had to tell a HOA board member that he can politely piss up a rope when he said he did not give me permission to run a cable in his yard (front yard easement, ped was on his side of the property line by 3 feet and I was installing his neighbor's service). Explained to him that the area the electric, gas, water, phone and us ran through was city easement area and he can't stop any work done by a company that has equipment in that area. He even called his lawyer while I was there working. Guess he didn't like what he heard because he stormed off.

Sorry you're having so much issues. But this is a prime example of why I will not live in an HOA ever. I had to fight with one when we lived with my FIL in a run down condo complex in the bad side of Vegas that charged one of the city's highest HOA fee ($145 a month). Never again.
 

Fredkrueger100

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Whats odd is technically the HOA should not be able to say nay or yay to what a utility company does. If the city grants them access to use the city easement the HOA has no authority to stop them. I've had to tell a HOA board member that he can politely piss up a rope when he said he did not give me permission to run a cable in his yard (front yard easement, ped was on his side of the property line by 3 feet and I was installing his neighbor's service). Explained to him that the area the electric, gas, water, phone and us ran through was city easement area and he can't stop any work done by a company that has equipment in that area. He even called his lawyer while I was there working. Guess he didn't like what he heard because he stormed off.

Sorry you're having so much issues. But this is a prime example of why I will not live in an HOA ever. I had to fight with one when we lived with my FIL in a run down condo complex in the bad side of Vegas that charged one of the city's highest HOA fee ($145 a month). Never again.
I don’t live in city limits. I live in the country. I assumed that since it was a cable company they could do it without any permission. Heck, Vyve already paid to have it marked. I would have thought they wouldn’t go that far unless they knew 100% they could do it. I would also like to know how the president was able to stop the construction. Crew from showing up today when this was a Saturday night all this happened. I don’t see how it’s possible he got ahold of a supervisor at Vyve to stop it. And I also wouldn’t think they would just take the guys word for it. He could easily lie. Just doesn’t make any senses.
 

Fredkrueger100

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If it doesn't say anything about utilities, only construction, then yeah. I say fight them.

<edit> And this is why when we decide to move, it'll be somewhere with less people.
It actually doesn’t even say construction. Only “major additions”
Or “changes”. Neither one of which is a major addition or a change to the existing addition. A cable company is putting in lines under the ground. Only thing different will be a few pedestal boxes.
 

Fredkrueger100

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Re-read your HOA, get records on the properties specifically looking for utility easements, get a lawyer.
What do you mean by get records looking for utility easements? Are you talking about the covenants and what it says about utilities? It doesn’t list any cable companies that I am aware of. Only OGE, ONG and maybe ATT but I would have to look again. But as I said earlier, ATT was able to lay knew lines that totaled about 150 feet in length and we didn’t vote in that. This shouldn’t be any different.
 

John6185

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I think I'd go door-to-door telling people how good and reasonable the new service is and collect signatures. Also, Vyre has an interest in this also, use their expertise.
 

Fredkrueger100

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I think I'd go door-to-door telling people how good and reasonable the new service is and collect signatures. Also, Vyre has an interest in this also, use their expertise.
I am fixing to call the Vyve supervisor that got this going for me. He is a really nice guy. As I stated earlier, I can’t believe a company as large as Vyve wouldn’t know for sure they could install service somewhere. I know they pulled our records from the county when they did their estimate. They should have seen the covenants. I know those line locators aren’t cheap and they marked a lot and left a lot of flags. They had two guys marking it was so much. I know Vyve won’t be happy to have wasted that money. I would also think they would know all the laws and regulations there are even regarding HOA’s. They deal with this all the time.
 

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