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I live in a block of 8 units. Three owners want Foxtel and a shared TVAntenna for regular Tv installed. Three do not want either. Two are undecided at this stage. Can the three objectors to the expenditure be forced to pay for this facility which they say they do not need .
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@tiamaria said:
I live in a block of 8 units. Three owners want Foxtel and a shared TVAntenna for regular Tv installed. Three do not want either. Two are undecided at this stage. Can the three objectors to the expenditure be forced to pay for this facility which they say they do not need .A shared TVAntenna with access to Foxtel will help increase resale value for the units in your block, but if the three who do not want either, and the two undecided, never watch television at all then five against three will probably win.
If you watch now and again, (during the Olympics?), remember there will be no analogue television very soon (Sydney 2013). You will only be able to use a digital television, or purchase a set top box, or get pay television.
Television reception is a basic amenity, like a phone line. If there is no television reception, or unsatisfactory television reception, then the Owners Corporation has an obligation to provide it/fix the problem. It doesn’t matter if some owners don’t want it, if an owner made an application to the CTTT, I believe that the OC would be required to do it.
In terms of digital television, if a strata scheme has not upgraded their antenna to receive digital signals, then they should do that prior to the analogue system being turned off.
In the case of Foxtel, if certain owners want it, then they can pay for installation to their lots.
I agree with all of this but it’s a wee bit more complicated thatn that. Foxtel has to be installed to the building before individual owners decide whether they want the service or not. That’s an expense all owners would bear. After that, it’s up to individuals whether or not they subscribe, meaning there is an expense to owners even if they don’t want the service. And, by the way I think the required change to common property would need a special resolution and if, say, only 20 percent of owners were against it. they would still have to pay for the basic upgrade and installation.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
If I were in your block I would be one of those who would not be interested to have Foxtel but I would probably not object to the installation making it possible for owners to connect to it. If a special resolution is passed to install the necessary equipment on common property then it will be a cost to all. I would see this as similar to the situation we have where I live. I do not often use the BBQ equipment and my kids have got to big for the playground and I don’t use the tennis court but these features add to the value of everyone’s units so I have nothing to complain about when money is spent on such community facilities. If, a substantial majority in your block decide they want to have Foxtel equipment on common property either so that they can subscribe or just to know their unit value is increased by the possibility or they don’t want to deny this amenity to their neighbours, then the minority will just have to go along with that.
If you have 3 of 8 who would vote no on Foxtel, then you don’t have the necessary special resolution. Perhaps you can do some horse trading to everyone’s benefit. Are there some other shared facilities you could have that might appeal to different groupings? Perhaps you can bundle these together as a proposal to upgrade shared facilities generally with nearly everyone getting something that would appeal directly and all getting increased unit values.
Hi All,
We have a shared digital aerial recently placed so all would have good reception.
I think with our building we also needed the votes to install foxtel on CP. If needed look at unit entitlements when voting. Not everyone chooses to use it. But that is one of the costs or perks of living in Strata. TV is a given and reception is a necessety but these days internet TV is overtaking Foxtel so some buildings will choose not to use it preferring high speed internet for downloading….TV and movies!“`
Cheers,
CBF
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