Complex refuses Vumatel Fibre

[isie]

Hey Isie

So some of the residents have invested R1000s in having their yards landscaped or tarred so we are holding an AGM soon to make sure they are aware of the processes and don't blame the HOA for not gathering every residents view. You're right about it generally being the older people who are reluctant to accept the proposal, we have informed them that there is a possibility for them to loose money or have trouble selling their property as fibre is being installed throughout the area . Their main concern is that they have seen Vumatel trenching in the area and they have not reinstated tarred/ cemented areas to how they were.

Personal experience with Vuma (2 complexes I've lived in and dealt with Vuma contractors so far) after thr contractors are done - they did neaten out the roads etc - though it is a mess when installing pipes burst etc etc.
But in the complex its normally another contractor that does it (so need to remember its different companies contracted by Vumatel to do this) and they more then willing to accommodate residents. They try not to trench unless absolutely necessary - they normally run cables on walls and in conduits were available - but they have done so very neatly.
so a good idea is to get the contractor in to the AGM (that's what we did at my first complex).

 

[elroc]

It's not VUMATel, but let me share my experience with MetroFibre in a very similar complex setup (full title stands, fussy HOA, etc)

What helped us get the install done was the following:
a) We had existing trunking (sewers) in the complex that could be used for the backbone. Meant trenching for the backbone was limited to the main entrance.
b) Where possible existing trunking into the houses were reused. I.e. if there was already a Telkom line into a hous, odds were they could pull the fibre in via that trunk.
c) The contractor in no uncertain terms guarenteed that all restitutions will be as good or better. And we held them to it.
d) The contractor provided the following 'deal' to all residents: While the install is on site they will put a fibre access point into each house, free of cost, regardless if they sign up for fibre. Should a resident decline this, and they want to install at a later date, that installation would be extra costing. I know VUMA has a slightly different approach so YMMV.
e) Once the HOA directors had approved the install, we notified (not asked) the residents of the process that would be taking place, and their options (accept/decline the access point at their premises). As their was no cost involved to the HOA or residents, the directors could approve this. But check your MOI, YMMV.
f) During installation we kept everyone informed of the status and expected next steps via our common complex WhatsApp group. I also took 'liason' responsibility between the residents and installers. If someone had a query or complaint I would take it to the contractor to get it fixed and report back. This was probably the most important part, I made sure I was 'the fibre guy' in the complex and that I understood the whole process completely and answered all questions with a smile, even if asked till death. In short I was a Fibre Pimp.

In the end we had only 2 or 3 houses completely refuse to have any fibre access to their units installed (in a complex of 48 units).

I would strongly suggest you avoid going the aggresive route of suing, most likely you will have more pain for it. Rather try and sell it to the important HOA members (the direcotrs) and as already suggested get yourself nominated to be on the directors for added weight.

 

[Creag]

Have you gone to the old people and told them that it raises the value of their house/makes it more desirable?

Similar issues in our sectional title. Fortunately one of the retired owners could see reason and shared the wisdom of the benefits for installation.

 

[oober]

My steps were...

1. Got more than 50% buy in from the owners.
2. Get the old and useless trustees out of the way, by actually forcing them to do their work which they were doing poorly. So they resigned.
3. Get myself and other people on board as trustees that actually wanted fibre.
4. Signed the MOU with the fibre provider.
5. Get the process rolling.
6. Resigned as trustee, and let the other useless trustees back on-board.
7. If the trustees gave me issues I just posted it in the Whatsapp group we created for all the owners who wanted fibre, and I enjoyed watching the owners rage and the trustees recoil.

Ended up having to get the whole suburb fibre to get my complex fibre...but it was worth it. And icing on the cake for me was that I went to the complex across the road to get them on board. They were reluctant and slow to respond and only after they saw us getting fibre they wanted to get involved but it was too late at that point. Today they still don't have fibre because their trustees were too narrow minded.

 

[[email protected]]

I am asking for some help I want to Sue my HOA for not allowing Vuma tel to come in and install Fibre and I was wondering what aspect of the law I could nail them on.

The HOA Reasoning is as follows

1. They cut the road we cant allow that absolutely riduculas in my opnion
2. The Fibre gonna mess up our Garden
3. We got old people who dont understand the benifit.

This is so far what I want to Sue for

1. Loss of Value of property as Fibre increases the value of home.
2. Waist of my time as I run an IT business and it will help me upload big files to customer on Fibre
3. Cost saving as Fibre is generally cheaper than LTE
4. Apparently there is another in the ECN somewhere that they may not deny me right of communication and was hoping so legal genuis could offer my some advices.

Meet with your body corporate and lets the people in the complex push for this.

 

[JOEY_8]

Good luck with that They are only concerned about their gardens and pavements.

I can confirm this

 

[WaxLyrical]

I wonder which lawyer will take this case.

Saul Goodman perhaps.

 

[Ho3n3r]

I wonder which lawyer will take this case.

Saul Goodman perhaps.

Better call him.

 

[ADRAM3L3CH]

so a good idea is to get the contractor in to the AGM (that's what we did at my first complex).

Thats the plan, we are trying to get vumatel to come by and present to all of the owners.

I would strongly suggest you avoid going the aggresive route of suing, most likely you will have more pain for it. Rather try and sell it to the important HOA members (the direcotrs) and as already suggested get yourself nominated to be on the directors for added weight.

I hope Mr Baillie takes this advise ...

Some of the units don't have telkom lines so trunking will have to be installed, as for routing through the sewer , what happens if there is an issue in the future ?

Vumatel has stated that they will reinstate to how things were originally but from what 'we've seen in the area they don't mean that . So this is one of the reasons why residents are reluctant to approve. I have told them that the tar will fade and the grass will grow again but this doesn't seem to convince them . I personally held of tarring my place because I knew I wanted fibre to be installed.

The main reason we want to inform all owners and get their approval\signature is so that we don't get anyone suing the HOA for damages.

My steps were...

1. Got more than 50% buy in from the owners.
2. Get the old and useless trustees out of the way, by actually forcing them to do their work which they were doing poorly. So they resigned.
3. Get myself and other people on board as trustees that actually wanted fibre.
4. Signed the MOU with the fibre provider.
5. Get the process rolling.
6. Resigned as trustee, and let the other useless trustees back on-board.
7. If the trustees gave me issues I just posted it in the Whatsapp group we created for all the owners who wanted fibre, and I enjoyed watching the owners rage and the trustees recoil.

I'm one of the trustees and definitely want fibre. So far majority of trustees are for fibre but there are two that are worried about their gardens one who says she has no need since she is quite old.

I wonder which lawyer will take this case.

Saul Goodman perhaps.

 

[ADRAM3L3CH]

Does anyone know if the HOA can be sued for loss of value of a property due to fibre not being installed in the complex? This is also something that we would like to avoid .

 

[isie]

Does anyone know if the HOA can be sued for loss of value of a property due to fibre not being installed in the complex? This is also something that we would like to avoid .

as far as i know - no you cannot be sued for this - it does not currently actually increase the value - it does make it more attractive compared to a place that doesn't have fibre - so there is only a perception that it increases value

 

[LOTR]

as far as i know - no you cannot be sued for this - it does not currently actually increase the value - it does make it more attractive compared to a place that doesn't have fibre - so there is only a perception that it increases value

^^ This

 

[supersunbird]

Does anyone know if the HOA can be sued for loss of value of a property due to fibre not being installed in the complex? This is also something that we would like to avoid .

YOU are the HOA, do you want to sue yourself?

 

[isie]

YOU are the HOA, do you want to sue yourself?

^^ And this of course

 

[ADRAM3L3CH]

as far as i know - no you cannot be sued for this - it does not currently actually increase the value - it does make it more attractive compared to a place that doesn't have fibre - so there is only a perception that it increases value

The area surrounding the complex is currently getting fibre so a potential buyer could say I will offer you less since there is no fiber in the complex, take it or leave it . A home owner then says that because of the HOA I lost out on 3% extra on my sale , I want the HOA to pay.

YOU are the HOA, do you want to sue yourself?

^^ And this of course

Hypothetically speaking, a member chooses to sue the HOA for loss of value.

 

[Sopbeen]

The area surrounding the complex is currently getting fibre so a potential buyer could say I will offer you less since there is no fiber in the complex, take it or leave it . A home owner then says that because of the HOA I lost out on 3% extra on my sale , I want the HOA to pay.



Hypothetically speaking, a member chooses to sue the HOA for loss of value.

Our complex was simple, it was on a opt-out basis. Everybody got fibre, unless you said so. Do the same. I am 100% sure the fibre installers would be willing to skip the houses that "do not want" it. This way everybody gets what they want.

Perhaps make those that opt-out sign a waiver, to acknowledge possibility of future installation cost etc.

 

[supersunbird]

Our complex was simple, it was on a opt-out basis. Everybody got fibre, unless you said so. Do the same. I am 100% sure the fibre installers would be willing to skip the houses that "do not want" it. This way everybody gets what they want.

Perhaps make those that opt-out sign a waiver, to acknowledge possibility of future installation cost etc.

Does not address the garden and pavement issue at all

 

[Sopbeen]

Does not address the garden and pavement issue at all

How? If they don't pull fibre into your property, there shouldn't be any damage? Openserve pulled their fibre through their existing pipes. At our complex we had 2 owners not go for it and they were skipped. Vumatel simply trench in-front of their driveway on the communal property.

 

[supersunbird]

How? If they don't pull fibre into your property, there shouldn't be any damage? Openserve pulled their fibre through their existing pipes. At our complex we had 2 owners not go for it and they were skipped. Vumatel simply trench in-front of their driveway on the communal property.

The communal property is "their garden and pavements" too, and they'd be trustees. If your experience is otherwise, then you are lucky.

 

[My_King]

First delete this post....can`t have evidence. Second pay a few people to come in at 1AM and destroy all pavements and gardens., especially those against Fibre. Progress can`t be halted by a few old farts.