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JeffP8 (South Carolina)
Posts: 1
Posted:
Good afternoon all,

This is a rehash of a post I was able to find from about 3 years ago. Sorry for the duplication, but I need help and that post ended without a true conclusion. I am president of a board for a 160 condo complex in South Carolina and at my wits end.

The issue at hand is we have an owner who is about $5900 behind in regime fees. It has been about 3 years since her last payment. She has rented the unit for about 2 year! We as a community we are paying for her water use as we are a renovated apartment complex with only one meter. We have a lien and she is in foreclosure with her bank. Our fingers crossed we will get the owed money upon final foreclosure and judgment against her, but we could end up getting nothing.

I have sought legal help, but our lawyer says, we can not prevent access to utilites per SC law. I think this has more to do with us removing services that she would be paying for, such as if we decided she is not paying her regime so we went and removed the electrical box as it is on common property and she was without electricy. But I feel the water is a different issue all together.

I purpose a couple of solution to the board - one would be to cut off her water and see what would happen in court. After all if she was having to pay for her water from the city they would cut it off years ago. Another option is to get a plumber and set up a meter for her to pay her bill (or not) directly to the city for the water she has used.

Any other ideas or thoughts. I am disperate and would love to end this nightmare.

Thanks.
GlenL (Ohio)
Posts: 5,491
Posted:
Jeff, I understand your frustration but listen to the lawyer, that's what you pay him for. It may be to late for this one but I would advise you to amend your rental requirements to allow you to directly collect the rent from the tenant and apply it to the past due amounts. Florida just changed the law to allow this but it can be done by requiring certain language in rental agreements.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By JeffP8 on 07/13/2011 12:29 PM

I purpose a couple of solution to the board - one would be to cut off her water and see what would happen in court. After all if she was having to pay for her water from the city they would cut it off years ago. Another option is to get a plumber and set up a meter for her to pay her bill (or not) directly to the city for the water she has used.

Water is a utility.

If your going to split out meters, you need to do it for the entire complex and not just one lot.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
We split water meters in our community. It was a life saver for us. However, the initial cost was over 20K and required a special assessment of all the homeowners. We also had to ammend our documentation to reflect this change. It took almost 2 years for the money collected and work to be done...So it's a long process.

I understand your frustration as we had a resident who didn't pay us. Had a lien on the property for over 3 years. We decided to do the foreclosure on the property. That took about 8 months to complete. We just got basically our money back for the legal fees. The house stayed empty another year and had a water leak causing additional damages. Finally, the house was bought and the new owners paid their dues correctly.

I wouldn't worry about paying the water bill and leave that meter alone!!! Surprised you got away with the electical box thing myself. Your lawyer is right is you may end up with basically nothing. That is because the bank ALWAYS gets paid first wheter they do the foreclosure or the HOA. So whatever is left gets divied out to whoever is owed.

The good news is that once the foreclosure is completed you have a chance the new owner will pay their dues much better than the last. It's basically just stopping the bleeding. Just supply yourself with better patience and stop messing with things that can get you in trouble...

Former HOA President

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