Who is responsible for payments for breaking my satellite contract?
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Who is responsible for payments for breaking my satellite contract?
I’ve been at my townhome for a year and have had my satellite for about the same time. Recently the satellites on all properties have been removed by the homeowners’ association. I received no prior notice that my satellite would be removed, despite my leasing office saying they were placed on residents’ doors. I also just learned that there is a HOA when this event occurred and the HOA told me to talk with my leasing company as they should not have allowed me to have the satellite in the beginning because no one is allowed to have them. The manager who signed my lease no longer works there.
Asked on August 22, 2011 Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you had a contract with the satellite provider and that contract has been violated in some way, you are responsible for the breach. So if you have not been paying, the satellite dishes were removed in violation of the contract, etc., you may be liable under the contract and have to pay.
On the other hand, while the satellite company can look to you for payment as per the contract, you may have grounds to sue the HOA for your loss, if it was caused by their action--whether that action was an HOA manager's negligently telling you that you could have satellite when you could not, or the current HOA's removing the satellites if turns out it did not have grounds to do so. So just as the satellite provider would look to you for compensation, you may be able to look to the HOA.
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