Utility billing error

Started by TeresaG8 • 10 replies • 1235 views

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TeresaG8 (Georgia)
Posts: 3

Posted:

Good morning,

I am a member of a HOA for a condo that includes water/sewer in the monthly fees. I have paid every month on time. Apparently the HOA has not been paying Atlanta watershed for over two years to the tune of 130k. Residents found out when shutoff warnings were placed on doors.

Apparently bills for 2 out of 4 meters were being sent to our old property management company.

In my mind, I paid my water bill. Whose fault is it that the utility never got paid? HOA wants to charge us $750 assessment plus increase in dues next year.

Thanks,
Teresa

PitA
Posts: 1,416

Posted:

[quote]In my mind, I paid my water bill. .....

Matters not what 'is in your mind'.

YOUR (and your neighbor's) bills were not paid by YOUR elected directors.

YOU used electricity and the utility was NOT paid.

? Were YOU watching the store ?

Now you MUST pay YOUR bill.

Unless you think the Directors stole the funds.

However, you STILL need to pay.

Elect new and COMPETANT directors.

Live and Learn.

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By TeresaG8 on 07/23/2017 6:24 AM
Good morning,

I am a member of a HOA for a condo that includes water/sewer in the monthly fees. I have paid every month on time. Apparently the HOA has not been paying Atlanta watershed for over two years to the tune of 130k. Residents found out when shutoff warnings were placed on doors.

Apparently bills for 2 out of 4 meters were being sent to our old property management company.

In my mind, I paid my water bill. Whose fault is it that the utility never got paid? HOA wants to charge us $750 assessment plus increase in dues next year.

Thanks,
Teresa

The fault is on the Directors of your association. They had a responsibility to know how many meters the association was responsible for. But apparently they ceded that responsibility to the management company.

If the assessments included water/sewer - the Directors should have set the assessment at an amount sufficient to cover that. Apparently, they did not - but the bill is a valid one and every homeowner is responsible for paying it through a one time assessment of $750 plus the increase for next year.

Your Directors need to be held accountable - replace them

KerryL1 (California)
Posts: 14,550

Posted:

Entirely agree with PitA & Nigel. Homeowners' Lack of oversight of HOA boards can lead to errors, which a can cost all members of the Association.

AugustinD
Posts: 5,144

Posted:

From my experience with three HOAs, if the water billing snafu is all the HOA Board messed up, then your HOA Board is doing pretty well.

TimB4 (Tennessee)
Posts: 21,062

Posted:

If the assessments are not broken out (x for maintenance y for water etc.) then it's likely that your governing documents specify that expenses are shared by all. Hence the special assessment.

I agree that the Board needs to be replaced as nobody apparently faild to notice AND ask questions as to why the expense for water was coming in way under budget from two years ago (or just 1 year ago on the last one).

Having bills sent to a MC vs. the Association mailbox is one more example why I don't think an MC should be paying bills for the Association. The Board could have always collected the mail and sent the bills to the MC if an Association desires the MC to pay the bills.

TeresaG8 (Georgia)
Posts: 3

Posted:

Suppose the utility company was notified of the address change but failed to send bills to correct location - does that change anything?

How about for people who were not a part of the association during the period of unpaid bills?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By TeresaG8 on 07/23/2017 9:17 AM
Suppose the utility company was notified of the address change but failed to send bills to correct location - does that change anything?

I doubt it. The Association may be able to request late charges be removed is this was done and is provable.

Quote:

Posted By TeresaG8 on 07/23/2017 9:17 AM

How about for people who were not a part of the association during the period of unpaid bills?

I suspect you are asking what about the person who purchased yesterday.

As far as special assessments go, it doesn't matter.

GenoS (Florida)
Posts: 4,276

Posted:

The owners are going to be on the hook for the money regardless of any other details. And rightfully so, in my opinion. Your beef is with your board of directors. Can you go after them for breach of fiduciary duty because they were negligent in not noticing that the water bills weren't being paid? Maybe. Only an attorney can give you legal advice on that. I'd investigate whether or not it would be possible to hold those board members personally responsible for the past due bills which they negligently failed to pay on time.

Regardless, the current owners will have to pay up and maybe learn an expensive lesson: The owners are the best check on a board that isn't getting the job done, and the owners should pay more attention to the financials.

TeresaG8 (Georgia)
Posts: 3

Posted:

Thanks all for the insight.

Teresa

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