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Can HOA shut off water supply to delinquent owner?

Posted on Mon, Dec 27, 2010 @ 07:04 AM
  
  
  
It is legal for a Homeowners Association to stop the City Water supply to a property who's owner owes more then 12 months of HOA and refuses to pay?

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You'd need to check your state laws because in many states it is illegal to cut off electricity, heat, or water supply - especially if the owner is elderly. I'd steer clear of that, file your lien and let the law take care of it.

posted @ Monday, December 27, 2010 7:33 AM by artDiCicco


I assume the water is supplied directly by the City in which case only the City can cut it off if the water is not paid. 
The HOA has no authority to cut off water. I would write to the Board/Manager holding the HOA liable for any consequential loss and loss of enjoyment.

posted @ Monday, December 27, 2010 7:40 AM by cablbug


I do not think any state would allow a HOA to cut off power and water. People could die without those services and the liability is tremendous and the 'act' you are suggesting would be opening your community up for a HUGE lawsuit. There are already suits and situations on record... of recent, where a power company cut of services to a delinquent patron and she died. The utility was exonerated because they had the right. A HOA does not. 
http://www.sfexaminer.com/opinion/daily-outrage-woman-dies-after-electricity-cut-her-oxygen-breathing-machine?category=19  
You do as the first poster suggested, file a lien and let the utility companies deal with the owner/occupant.

posted @ Monday, December 27, 2010 10:00 AM by Sheri


Typically the answer is "no". I have seen situations where landlords who were totally broke and could not pay for the tennants water (or their own mortgages) were forced to pay to keep the water going despite the tennant not paying them for rent or other utilities. Many states have enacted laws to keep entities such as HOAs and landlords from using "life services" such as water and heat for leverage against slow paying tennants.  
 
 
 

posted @ Monday, December 27, 2010 1:02 PM by John D.


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