FCC Affirms retroactive lift of ban on bulk agreements for video services.

In March 2010 the FCC entered an important Order that affirms the right of apartment building owners the right to enter into exclusive marketing agreements and bulk billing agreements with video service providers.  The exclusive marketing agreements are different that the exclusive access agreements which are not allowed.  The exclusive marketing agreements are allowed because they promote one service but still allow competitors to service the property and compete for business. It was determined that the bulk agreements are actually beneficial to the consumers because of the price reductions that typically go along with the bulk agreements.  While an owner may enter into these agreements the owner cannot prohibit a tenant from utilizing another service at their own expense.  Owners can however control how and where other equipment may be installed on the property.  The tenant would bear the expense of any installation expenses and the cost of the alternative service.

The first link below takes you to the FCC Order. The second link takes you to the National Mutli-Housing Council site which discusses this ruling in further detail.  The third link takes you to a sample form and installation instructions used at a homeowner's association.  Property owners should have something similar included in their lease package which is delivered to the tenant when they move in to their apartment.


http://www.nmhc.org/Content/ServeFile.cfm?FileID=7941


http://www.nmhc.org/Content/ServeContent.cfm?ContentItemID=5610


http://www.lbprop.com/kk.pdf

HOA's Don't Lose Your Corporate Status

All California homeowner associations must file the Nonprofit Corporation Statement of Information (SI-100) and the Statement of Common Interest Development (SI-CID) with the Secretary of State every two years.  If you choose not to file these every two years your corporate status will likely be suspended.  Do not confuse the need to file these with filing your taxes.  It is not necessarily going to happen at the same time.

The fee to file these forms is not substantial and run at $20 for the SI-100 and $15 for the SI-CID. The due date is tied to the association’s incorporation month, not its fiscal year.  So be sure to place a reminder in your personal calendar to remind you to file these forms every other year.  If you are using Outlook, simply schedule the reminder once as a recurring Task and you computer will remind you when the forms are to be filed.  These forms are often overlooked but it is an important detail.  The State will send out these forms but if the mailing address for the association has changed the forms may not get to you.

You may access fill-in forms directly through the links below.

• SI-100 (PDF)
  http://www.sos.ca.gov/business/corp/pdf/so/corp_so100.pdf
• SI-CID (PDF)
  http://www.sos.ca.gov/business/corp/pdf/so/corpua_cid.pdf

Both forms are available through the Secretary of State website at www.ss.ca.gov.

Boards should follow these steps to avoid the suspension of your corporation.

1. Know the incorporation date of your association.
2. Determine when the forms were last filed.
3. Schedule a reminder for the next due date.
4. Advise any new manager/management company of the due date. 
5. Ask for a copy of the completed forms that were filed