2 HOA's on one Irrigation System - $$$ Problem

Started by ChrisN • 4 replies • 1310 views

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ChrisN (Michigan)
Posts: 2

Posted:

My associaiton shares a front entrance with another association. My association has covered 100% of bill payment/maintenance for the past 3 years. My association just incurred a $4000 bill for irrigation vandalism. The repairs are NOT covered under insurance. The bill is paid, but the other HOA will not reimburse us half of the repairs.

What do we do? Can we turn off their irrigation (sprinlers) until the bill is paid?

The problem is the well is on their property, but my association pays the bills.

BradP (Kansas)
Posts: 2,640

Posted:

Chris:

Couple of things:

1) First I would get a plat map and make sure the entrance you are talking about is their property. We have a similar situation where the entrance to our subdivision belongs to another subdivision, we just happen to have a sign placed there that the developer did.

2) If it is there property I would approach them and ask them to help pay the maintenance cost as it is only fair to do. Hopefully they will step up and take care of it.

3) Since the well is on their property I don't think it does much good to turn off their water, it is basically just playing games with them. You could install a well on your property and seperate the systems, it would be a big upfront cost. You could also take them to court. You may want to talk to the developer to find out his intentions when it was put in.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

ChrisN: Have you checked with your CC&R re the irrigation system; it should address capital expense items and who is responsible to maintain 'since the well is on their property....' Do costs for maintenance come under this fund from your budget?

Since your association has covered 100% of bill payment and maintenance for the past 3 years, is this because your documents state you are officially responsible?

Another point--Check with the municipality office since they had to approve the irrigation system once the developer had it installed. Confirm with them.

ChrisN (Michigan)
Posts: 2

Posted:

Our budget and their budget collect for this "shared" area. We have invoiced them from our HOA to their HOA, but no response. The owners are open to the idea, but the developer controls their account still and is good a running away from bills. He is the same developer as our and owes us money too.

GloriaM (North Carolina)
Posts: 829

Posted:

Chris:

If their budget has it in the line item to pay for this, you should collect just as you would through your collection process. Send the invoice, send a final notice, go to collections.

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