Service Move - Cancellation

[mcollard]

Hello,

Current situation:

I've moved to a new place. The covenants and restrictions of the housing association doesn't allow satelite dishes. I can produce the C&R contract rules upon request. And so I'm not allowed to continue service. I know there's a law which prevents landlords from blocking service, you just put it in the yard, but this is the housing association.

I tried to cancel my service.

I called the support line and requested a manager and they told me the "office of the president" is closed. Not sure if they were pulling my leg or of that is a thing.

At this point the bank account used to pay dish is no longer in use and there's no money in it for the early termination fees.

I want to reach a solution for this so it doesn't go to collections. I can return the receiver equipment.

Please help.

[stile99]

mcollard wrote:

Hello, Current situation: I've moved to a new place. The covenants and restrictions of the housing association doesn't allow satelite dishes. I can produce the C&R contract rules upon request. And so I'm not allowed to continue service. I know there's a law which prevents landlords from blocking service, you just put it in the yard, but this is the housing association. I tried to cancel my service. I called the support line and requested a manager and they told me the "office of the president" is closed. Not sure if they were pulling my leg or of that is a thing. At this point the bank account used to pay dish is no longer in use and there's no money in it for the early termination fees. I want to reach a solution for this so it doesn't go to collections. I can return the receiver equipment. Please help.

Starting with the next to last line, you WILL return the receiver equipment if you cancel, and to avoid it going to collections is really easy. Just pay the bill.

As for not being able to install, the HOA is lying to you, they know it, and they hope you won't call them out on it. Just call the HOA, say the magic word 'OTARD' and watch them crap their pants. As for producing the C&R contract rules, no need. I can produce federal law, and federal law wins, what the HOA put in the C&R is completely irrelevant.

[mcollard]

I believe the HOA has the right to choose. I am unwilling to sue them to have satelite service.

Of the recourse available to me, one is returning the equipment. I would like to return it.

In this case, I don't believe the contract can be fulfilled from either side and wish to work it out with Dish.

I have filed BBB complaint 12340359 on this issue.

EDIT: https://www.fcc.gov/consumers/guides/in ... ite-dishes
OTARD applies to landlords not housing associations. I could fight them, but I'm sure I'm not paying dish fees during that time, and the early termination fee will have been charged long before it's resolved. I just want to cancel and not pay the fee.

[stile99]

Q: What types of restrictions are prohibited?

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property.

[mcollard]

I just want to cancel and not pay the fee.

[stxisbest]

mcollard wrote:
I just want to cancel and not pay the fee.

That will not happen--

[mcollard]

Never say never.

I'm looking for a compromise.

[stxisbest]

mcollard wrote:
Never say never. I'm looking for a compromise.

They will compromise, you pay the ETF and pay to return their equipment and the compromise is they won't take you to collections.

[mcollard]

Related:
https://www.fatwallet.com/forums/financ ... ?start=160
https://consumerist.com/2011/06/27/i-su ... e-and-won/

[Chadt41411]

Your Dish contract says that moving does not void the contract. It is based on your original installation. Moving is a material change that you made, and has no bearing on your previous contracts, which means that the ETF would remain valid. This includes if you CHOOSE to move to a location that has restrictions on HOA restrictions that prevent you from choosing to put up an antenna. Your contract was with dish first. The signal is still available to you, it is on your side, not Dish, for why you cannot receive it.