Deliquent HOA dues - water shut off in covenants

Started by BeckyK • 3 replies • 2138 views

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BeckyK (Oregon)
Posts: 1

Posted:

Hello

I read that some HOA covenants have a clause that states those who have not paid their dues for over 60 days can have their water shut off till payment is received. Can anyone send me the wording in their covenants. I am part of a complex that has a lot of rental in it and those owners are getting their rent on a monthly basis but not paying their dues. The HOA president is pushing a raise in dues to cover those not paying.

I think a covenant for water shut off for non payment would be productive in our case. Thanks for sending the wording.

GlenL (Ohio)
Posts: 5,491

Posted:

Becky, first you need to check with the HOA's attorney to find out if that is legal in Oregon. In Ohio a COA could only do that with commercial units not dwelling units and other states prohibit it directly. This I find amusing because the local water company certainly has the power to do it.

A better way to go IMHO would be to amend your rental policy to force landlords to add a clause to the rental agreement that allows the HOA to collect delinquent assessments directly from the renter and the landlord must credit the tenant as if he paid the full amount.

Studies show that 5 out of 4 people have problems with fractions

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Because its illegal in many states in cities to turn someone's water "off" if you are not the water company, I've heard of many people who install a valve to restrict the water flow to a slow trickle until they pay. This allows the owner access to water for medications, etc.

JimW8 (California)
Posts: 14

Posted:

I would say, if any one shut off any life saving devices they needs to be held accountable in a court of law.
This may be the after effect of someone health being greatly effected to the point this could cause great bodily harm to a person.
If a HOa board of directors does this and causes some ones health to be greatly effected. the paying membership will end up paying for that boards decision. if you think it would cause harm to someone not having water, you are right.
water is deemed a right to life by courts. water company who turn people water off get sued all the time and they lose in the cort systems = this is why some places in the USA have water bills way above the national average. think about it!

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