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GlenS1 (Illinois)
Posts: 5
Posted:
Hello,

We took over the Condo Association from the management company a few years back.

We have 12 buildings with 4 units each for a total of 48.

Our electric company, Ameren Illinois, classified 3 of the buildings as 'Non-Residential" instead of residential. Non-residential brings higher rates, no budget billing, quicker due date, etc.

We inquired with the company, then the Citizens Utility Board of Illinois, and instead of re-classifying the 3 buildings to residential, they just went ahead and made all 12 buildings Non-Residential (at the higher rates, etc.)

This is the electric for the common areas only.

No one at Ameren will listen or apply common sense.

We're of course non-profit.

What do your electrical company's classify you as? Business? Residential?

Anyone have any advice?

Thanks in advance.

PatriciaH4 (Texas)
Posts: 42
Posted:
Our HOA (single-family homes) has multiple electric accounts for our rec center, guardhouse house, and different irrigation controllers; all are classified as business accounts (while not-for-profit, it is a corporation). That being said, our rates are actually lower for commercial than residential.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Might be worth having an attorney write them on your behalf.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 10/16/2015 8:10 PM
Might be worth having an attorney write them on your behalf.

That is throwing good money after bad. The Citizens Utility Board of Illinois has already rendered a decision. Challenging that in court would be expensive and likely be futile.

Assuming that all the dwelling units are on different meters than the common areas, the finding of the Board is not all that far off. No one is residing in the common areas, so how could it be residential? On top of that, the party paying the bill is a corporation. I might not have reached the same conclusion but the Board's finding is not unreasonable.

Chalk this up to the costs of doing business and move on.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By LarryB13 on 10/16/2015 8:27 PM
Posted By TimB4 on 10/16/2015 8:10 PM
Might be worth having an attorney write them on your behalf.


That is throwing good money after bad. The Citizens Utility Board of Illinois has already rendered a decision. Challenging that in court would be expensive and likely be futile.


Let me explain this a bit more. I assume that the Citizens Utility Board of Illinois is a state administrative agency having jurisdiction over rates and that they conducted some sort of hearing that resulted in the decision the OP complained of.

Administrative decisions usually include a notice to the parties that the decision may be appealed within so many days and where to file the appeal. Once the time to appeal has expired the decision is a done deal. If an appeal is filed, there are often severe limits on the scope of what the appellate body may consider. The most common standard seems to be that the appellate body will look at the record in the light most favorable to upholding the decision. Therefore, unless there was some overt unfairness to the original hearing, an abuse of discretion, an excess of authority, or an outcome that was capricious or arbitrary, the decision will stand. The review is most often based on the record instead of conducting a new hearing and no new issues may be raised on appeal. In addition to the costs of filing, a party may have to purchase a copy of the tape recording of the hearing and pay a court reporter to transcribe it.

Therefore, having an attorney write a letter after receiving an adverse decision is not likely to have any effect. You either file the appeal or go home. Filing an appeal is costly and time-consuming. If your only argument is "Not Fair!" then you might as well forget about an appeal.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We are classified as commercial. We are a 43 apartment style condominium. Last yr when rates for commercial buildings were being raised we did question the classification of commercial. But we are certainly considered a commercial building.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
This is non-residential electric usage as you describe. Our HOA is stuck w the same billing standard and it's expensive.

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