Owner's electricity cut off, hasn't paid dues...

We have an owner who hasn't paid his dues in 3 months and who apparently has also had his electricity cut off recently for non-payment. He is still 'living' in the unit without electricity. We have a process to handle the delinquent dues once owners hit 90 days late so that part is covered. Our concern is that waterlines might burst during some of our cold nights and create a bigger problem. If he isn't paying dues or electric bill, I'm guessing he won't pay it just to keep the pipes from bursting, even if we require it under owner required repairs.

Has anyone ever had this situation? We are in NC.

Thanks in advance.

I wouldn't worry about the pipes freezing too much. Unless there is a basement where there are pipes, it probably won't get below freezing inside. My garage is uninsulated and I live in Connecticut and the temperature in my garage, even on the coldest days, seldom gets below 40 degrees. I once owned a home in Massachusetts with an insulated garage and the temperature inside that garage seldom went below 50.

Worst case, your insurance should cover any damages to your property caused by the pipes rupturing. Then it will become the insurance companies responsibility to go after the individual or the individuals insurance company (if they have any) to recoup their damages.

As a neighbor, has anyone checked on the individual to make sure that they are ok?

Thanks to all those who have responded. To answer a few questions:

We are a townhome community built on concrete slabs. The unit is an end unit. Units are separated by a fire wall but share conduit for electrical, etc. There was an incident a few years ago where water pipes to the second floor burst in a well kept home.

For the person who asked if anyone has checked on him: I know from this owner's brother that he has a history of serious drug problems and the family has lost contact recently. This really isn't relevant to our HOA issue but it is added info. His car did not move for about 5 days but was gone as of Saturday and hasn't been back. Given the drug use history and high probability of it now, I was honestly concerned that he might be dead inside! (yes - that serious) I would be hesitant to either personally or through the HOA to pay his electric bill (we can't pay it directly anyway) since it very likely would not help.

I agree about the concerns of what is being used for light or heat...it does pose a hazard to both the property and the other residents in that unit. Since this is an owner, though, can we as an HOA require that the lights be turned on? (Again, given the backstory of drug use, I don't know that it will happen)

Since there is a dues delinquency, we can push to place a lien and go to foreclosure if necessary, but that takes time and really doesn't solve the immediate problem.

Toni,

Call the city housing inspector or town hall in regards to the lack of electricity and someone living in an unheated building. There may be a wrinkle in the law that helps you. In NC, a heatless building is practically insurable and deemed inhabitable, if I remember correctly from an investment property I bought several years ago - and its furnace was non-functioning. Someone from the board NEEDS to find out what's going on in the property. YES, it IS some of your business!

Toni

What is your end game?

Get dues paid?

Prevent pipes from bursting?

Get rid of an undesirable?

All of the above?