The RMA Board seems to be paralyzed and has so far failed to communicate its plan to implement the recently passed bylaw. It would seem reasonable that the very first thing to do is to determine how many subscribers the system will now have. To aid the staff in establishing that number, it is recommended that the letter below be sent by each member who intends to no longer subscribe to the Association's cable service.
This letter accomplishes two important functions. It establishes the date of retroactivity, that date from which refunds will be calculated. Second and more important, it provides the Association with the request of stop paying for content not used. If these fees are paid to the content providers after the date of the letter, the Association will not be able to recover these losses. Content (programming) is the larger share of the cable assessment being paid under protest; it is prudent therefore for the Association to eliminate that cost immediately.
Cable Television Opt Out Letter
This document is to inform the Rancho Murieta Associations Board of Directors and Manager that the member (place you name here) whose property is located at (place your address here) (place Lot number here) is officially declining the cable television service that is no longer allowed as part of regular membership assessments (dues) after 1 January 2009.
The Association is further directed by this document to terminate any contractual subscriptions with any and all television content providers for services to the above address and lot number.
Any subsequent billing for such service will be paid under protest until the Association can establish revised billing procedures. This document is intended to establish a date of retroactivity when the protested fees are resolved.
Mail or hand carry to RMA
One of the provisions of a new law, Assembly Bill 2846, effective January 1st, 2009, allows any Home Owner's Association member to pay fees "under protest" and then set the matter before a small claims court. The disputed sum cannot exceed the jurisdictional limit of small claims, which is now $7500.
This right of homeowners to "pay under protest" was deleted from the Civil Code two years ago. The state statute originally applied only to assessments. AB 2846 now allows homeowners to use small claims court to dispute fines and other charges, including collection costs.