Homeowner not paying HOA, Water fees....

Started by JamesR15 • 7 replies • 1386 views

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JamesR15 (Oregon)
Posts: 8

Posted:

Hello.

I have a couple homeowners in my small HOA who are behind in their HOA and Water payments. We have a community well. The CC&R's state that water may be shut off after 30 days of nonpayment. Does anyone know the legalities in Oregon? I know that a water utility cannot shut off your water, but the HOA is not a utility.

Asking for future reference.

Location: southern Oregon

James

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our HOA used to have 1 water meter. If you were behind in dues, the HOA could turn the water off to that home. It was written in our CC&R's that water was shut off by the HOA for non-payment. Which would allow the HOA to turn off the water for non-payment.

So as long as your HOA pays that bill for that water and it's written in the HOA can do so in a time period, get you a wrench....

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

James,

Laws vary by State and prior to turning water off, I suggest you consult with your Association attorney.

Tim

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By JamesR15 on 11/08/2016 1:44 PM
Hello.
I know that a water utility cannot shut off your water, but the HOA is not a utility.

You are if you are in the water delivery business

MarkM31 (Washington)
Posts: 494

Posted:

I don't know why you say a water district can't shut off the water, they can. What they can't do is shut off the water for anything other than non-payment of their water bills
http://www.oregonlaws.org/ors/264.314

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Google search....

Oregon - No disconnect is allowed per state law if the customer enters into a deferred payment plan with their utility provider. In addition service shut off is prevented is the customer has a medical certificate, and that will prevent disconnection up to 6 months for non-chronic condition, up to 12 months for chronic condition and requires the customer to set up a payment plan as well.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Take it with a grain of salt.... I have no idea if it legally applies to your HOA. Consult an attorney. But take his advice with a grain of salt too.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By SteveM9 on 11/11/2016 7:23 AM
Google search....

Oregon - No disconnect is allowed per state law if the customer enters into a deferred payment plan with their utility provider. In addition service shut off is prevented is the customer has a medical certificate, and that will prevent disconnection up to 6 months for non-chronic condition, up to 12 months for chronic condition and requires the customer to set up a payment plan as well.

Baring a medical condition, that only buys you fifteen days

860-036-0125
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_036.html

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