HOA using my water for 10 years

You could talk to an attorney and see if they think you have a case, or just sue in small claims court and let a judge decide. There may be some statute of limitations that limits how far back you can try to get reimbursed for. If you go to court, I'm not sure that it really matters if the association knew or not, they were still using your water.

We had a similar situation where the irrigation for one of the common areas was coming from the meter of the builder's model home. When the home was sold the owner realized they were paying for that water. Luckily the realized it within a few months and the association did pay for adding a meter and reimbursed the owner for an estimate of water used.

The association needs to pay to put in their own meter in any case, that has no bearing on reimbursing for water use, and Cathy's share of putting in the new meter is likely nowhere close to the cost of water used.

Cathy, whether the association knew or not, it is likely they should have known. Do they have other water meters? If not, the lack of a water bill should have been a tip-off. Was this water for irrigation or some other use?

Cathie,

Have you addressed the plumbing for the irrigation yet (as those are really two issues).
At the very least, I would have capped off that line to remove the water use in the future.

I agree that the Association should have known. However, it's realistic that those serving on the Board really didn't know. If you approach the Board in a calm manner, copies of your water bills in hand for those 10 years along with realistic calculations on what you think is owed, you may be able to reach a compromise.

How much money do you think they owe you for the water use?

Have you tried to calculate?
How did you obtain those numbers?

These are all questions that need to be answered for both you, the HOA and, if needed, the court.

Per this article, a typical family of four uses 12,000 gallons of water per month. If you have an irrigation system, your use would be higher.

My suggestion, take breath, do some research and actually calculate the amount your family would have used over the years. Then calculate that cost (don't forget base costs, taxes, sewage cost, etc.) and subtract from your bills.

Once you have your figures, ask to talk to the Board.

I wanted to say that I used the water use calculator in my previous post.
Based on those figures, with an irrigation system, It determined I'm using 13,000 per month.
Therefore, the 12,000 average figure provided earlier is probably a good ballpark.

Based on the OP, the pipe break isn't the billing problem--it's that she's been paying a portion of the common area water bill all along that isn't her obligation.

You have good advice from most. Tim is right that you check the sewage bill too IF it's tied to your water bill. Our sewer bill, for example is always 130% of our water bill.

If the previous owner agreed in writing to allow the water use, then I think the association would be off the hook. Unless the association can provide said document then I think a judge would rule that they owe for the water used whether they knew of the issue or not. There could be limits how far back Cathie can collect either due to statute of limitations or the court ruling that the owner should have caught it by now based on the high usage.

I am sure the previous owner did not know. The fact that when the break occurred the
gardener for the HOA went on our property to turn off the water was my first clue.
The gardner even tried to deny it when I approached him.
Then of course the water bill was over $200 from break then I knew. As I said I
received a letter denying they knew but no indication to reimburse me. This HOA is
NOT friendly at all from my past experience so I know I have to fight for it.
Thanks and I will draft a letter. Any help is appreciated!

Most water bills have a minimum charge for the time period. I pay $158 per quarter, whether I use a drop or if I go to the maximum usage allowed. Only when my metered usage is over the minimum, do I pay extra - like in August, when I water my garden a lot.

You may or may not have been paying "extra" for the association's irrigation. Only when the pipe broke was the usage out of whack.

Look and compare your bill and talk to your water commission to figure this out.

I’ve heard of associations, with agreement from owners, using owner’s power and water if it was very expensive to run either.

This case could have been like that, but doesn’t sound like it was ...

So, evidence first - photographs of the tap into your system. Photographs of the valve that controls the tap into your system. Affidavit from the repair guy and his company owner about what they found, when they found it, what the find means.

Then, computations on the likely amount of water used over the ten year period, based on methods already outlined here ...quote and compute based on more than one method! If your community computes sewage bill based on water usage, don’t forget to add that.

Then face to face discussion with the local water provider - you did say this was potable HOWARD we water, not irrigation water?

Then, letter with citations and attachments to the Board and MC, offering solutions:
- immediate reimburse of the total amount computed (my favorite)
- over time reimbursement (12 months?)
- subtraction from your dues (don’t know what your dues are, but this is my least liked)

Give them 60 days to resolve, attend the Board meetings and deliver a second copy, make the case and ask for resolution. Have someone keep very accurate notes.

See what happens - hopefully they will take the easy way out.

Decide if you are willing to go to court ...understand in your state who pays court costs and attorne fees. If you can do in Small Claims, do it there ...the Board will likely be whacked for allowing it to get that far.

Sorry to say, GeorgeS, that some do come here with questions, but we never hear how the issue or whatever was resolved.

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