Unit Owner has wired into HOA electric panel

Started by DonnaM16 • 24 replies • 734 views

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DonnaM16 (Missouri)
Posts: 23

Posted:

We are 24 unit condo. 2 buildings, 12 units each. Each owner has a special use easement storage area in the basement. The area used to be open, but the board years ago, put up fencing. We has a unit owner that went a step further (no record of board being consulted) and enclosed his area. (wood walls). When he did this he proceeded to move electric appliances into the storage area, refrigerators, multiple overhead lights, several computers (he dont use, but they are always on, heateres, portable AC, dehumidifiers......the thing is, he wired all this INTO the HOA electric panel, where all owners now pay for his luxury and waste. How does one proceed to handle this. In addition to this, the main water turn off is there...locked up.. and he is the gate keeper, refusing access, or restricting access, actually telling people they have to be nice to him if they want access. Help...overall a troublesome unit owner.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the board, Donna? Anyway, the board should have your local fire department assess the situation. His additional storage is no doubt against your local building and fire codes. It's also possible he's overloaded the electric circuitry. It sounds like a very dangerous situation that imperils your entire 12-unit building. His personal items must be removed immediately for safety reasons.

There probably are restrictions about how your "special use easements," which may have a different name, are allowed to be used. But it doesn't sound like calling him to a hearing & giving him a short time to remove his electric belongings and cease using a common area outlet may take too much time if he cooperates at all.

Another thought is to contact your HOA insurance agent and ask her/him to inspect. Good gawd! Imagine!

BUT, if the rest of the storage wasn't installed to building codes, which may have required fire sprinklers or other safety devices for permit approval, you all may lose storage. If the storage is original to the building, you might be OK.

As for the "main water turnoff, How did he get the only key? Former board member? Anyway, a board member who has authorization should get more keys form the water department

KerryL1 (California)
Posts: 14,550

Posted:

LetA (Nevada)
Posts: 2,679

Posted:

Have your HOA attorney send a cease and desist letter to the offending homeowner. Anything that the HOA did not install can be removed by the HOA and returned to
your local code requirements, you can fine the offender that cost in addition to a fine assessed by the HOA as well as attorney cost for sending the letter.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

file a code violation with the city,
turn off power to the panel
lock access to the area
remvoe when he's on vacation
etc.

vis ta vie

SheliaH (Indiana)
Posts: 6,964

Posted:

What LetA and Kerry said. Don't wait until the man goes on vacation - do this immediately. This would also be a good time to take an inventory of all keys to association property to ensure they're not with unauthorized people. Anyone who has keys should return them immediately and if they don't or refuse to, bill them the locksmith charges. A formal policy on who gets keys and why is also appropriate if you don't already have one.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

When you say "wired" do you mean he used existing outlets or wired new outlets to the existing breaker box?

If he wired into the existing breaker box, I would contact the permitting office (as they have the resources to handle this more quickly).
If he is simply using extension cords and existing outlets, the board has an issue that may or may not be easily solved.

Expecting he is using existing outlets, one fix would be to remove the existing outlets. But that would also require removing them from all other storage areas and, by code, may or may not be allowed.

An optional fix would be to put lock boxes on the outlets. Not full proof but may help.

If all the storage areas have outlets, the board may want to see about having those outlets wired to the assigned unit or, have additional meters put in place for each storage area.

From what you describe, it sounds to me that the individual may be providing a service to bit coin companies by processing transactions for them. Hence the need for environment control and the computers being left on.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Remember the electrical box is the HOA's NOT the individual. The Electrical company and anyone investigating will look at the HOA as the "Customer". He is a possible illegal sucker on that resource. Sometimes that can be a bit hard to battle.

I would take Tim's advice. Look into removing most if not all outlets from the storage area. The ones remaining have a lock cover box on them the HOA controls. You can talk to a local electrical contractor on those options. I am not sure how the circuits are wired. I would assumed they are "daisy chained" together. Having them separate would make the circuit breaker box packed. It may be need to look into separate metering for the storage area. There are options if talk to both Electrician and Utility company.

If it is directly into the HOA breaker panel, this most likely can be illegal. It may be something that your HOA will have to bring charges against. Plus a possible civil lawsuit if gets really bad. Something would need to run across a lawyer. Get your ducks in a row.

Take pictures and or video of the situation. That way will have proof if anything is to happen. Don't take action before doing the correct steps. Your HOA may end up in some trouble...

Former HOA President

DonnaM16 (Missouri)
Posts: 23

Posted:

First I am a member of the board. I reside in the building that this unit owner does NOT live in.Long story but we are a new board (old board up all resigned thats the short story). There are NO outlets in these storage units, only electricity is a lighting fixture, some people have run extension cords from that lighting which is also against the rules. In adition to the electric issue, the MAIN water shut off is in the building that he "restricts" access to. The building electric bill (with this owner) is 200$ a month higher than the other building (same size building). I have a freezer in my storage area, but I had to run that outlet UP to my own panel. We just had a plumber out, and to move the water shutoff will cost over 2000.00, plus the repairs to his storage unit (as he would demand it). Juat at a witts ends.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By DonnaM16 on 03/27/2023 8:41 AM
Juat at a witts ends.

How come the HOA has not lawyered up?

CathyA3 (Ohio)
Posts: 6,299

Posted:

It sounds like there are multiple violations, not just the owner in question. *Any* modifications that run through walls are breaching the common elements, which is almost certainly prohibited by the CC&Rs. In addition, our CC&Rs prohibit any modifications, even to the interior of people's units, that would change the insurance profile for the association - I doubt that we're unique in this way.

* Talk to your insurance agent, stat.

* Talk to a profession electrician, stat.

* Talk to the association lawyer, stat.

All of these modifications sounds like potential fire and liability issues and possibly building code violations, and need to be addressed immediately.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I have a feeling there are more "unclean hands" in the mix. Using the light fixture as a power source with extension cords? Wonder how many others have similar set ups in their storage areas. One should NEVER use an extension cord for long term use or large items.

An additional $200 on an electric bill for computer equipment? Something tells me there is more going on than just this person's unit. Reporting it may mean others will be effected. I am little unclear about the OP's stating they have their own box. Is it a metered one?

I am afraid they are in quite a pickle here if they report it, then other hands in the pot are also soiled. However, if you care about the safety of your neighbors and NOT the electrical costs, then report it ASAP. There are more important things than money. Sometimes it's people's lives and homes...

Former HOA President

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By DonnaM16 on 03/27/2023 8:41 AM
First I am a member of the board. I reside in the building that this unit owner does NOT live in.Long story but we are a new board (old board up all resigned thats the short story). There are NO outlets in these storage units, only electricity is a lighting fixture, some people have run extension cords from that lighting which is also against the rules. In adition to the electric issue, the MAIN water shut off is in the building that he "restricts" access to. The building electric bill (with this owner) is 200$ a month higher than the other building (same size building). I have a freezer in my storage area, but I had to run that outlet UP to my own panel. We just had a plumber out, and to move the water shutoff will cost over 2000.00, plus the repairs to his storage unit (as he would demand it). Juat at a witts ends.

Why haven't you and the board sent out notices that the extension cords are going to be removed? Why haven't you taken action against the guy that built walls of wood? Correct me if I'm wrong but it sounds like the Board is just rolling over and letting this happen.

DonnaM16 (Missouri)
Posts: 23

Posted:

As said ... we are a NEW board..Only since October..long story...the previous board quit..(and took 1/2 the community with them...again, long story).and this unit owner has sued the HOA before, and threatens same...each time something happens he does not like. Trying to proceed with caution and to get advice...am consulting with an attorney, but it is the attorney that represented him prior, so. I will be contacting insurance company, and light company, have fire dept looking into it. Just so much here to address. The previous board dropped the ball, as they really didnt care about our section of the community.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A lawyer that represented him prior? The HOA should have it's own attorney. Just because they sued or threaten to sue means should do whatever they want. I tell people if you sue your HOA your suing yourself and your neighbors. I will see you in court once the paperwork is filed. Thank you and good day! I am NOT going to run scared with a threat of a lawsuit for lawsuit sake. Let them sue and deal with it in the court system. You can always countersue to anything they sue for. Plus does NOT take a lawyer to countersue. Which you can counter sue for the legal expenses incurred or the cost of fixing their violations.

The HOA has to have a united front on this. The HOA represents ALL the membership. The guilty and the unguilty. Finding out your options like Fire Marshall, Utility, and an Electrician may be a good idea to pursue. May want to talk some "hypotheticals" to some of these people. Once a Code enforcer comes out you are ALL on the hook for what they may find.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 03/27/2023 2:34 PM
A lawyer that represented him prior? The HOA should have it's own attorney. Just because they sued or threaten to sue means should do whatever they want. I tell people if you sue your HOA your suing yourself and your neighbors. I will see you in court once the paperwork is filed. Thank you and good day! I am NOT going to run scared with a threat of a lawsuit for lawsuit sake. Let them sue and deal with it in the court system. You can always countersue to anything they sue for. Plus does NOT take a lawyer to countersue. Which you can counter sue for the legal expenses incurred or the cost of fixing their violations.

The HOA has to have a united front on this. The HOA represents ALL the membership. The guilty and the unguilty. Finding out your options like Fire Marshall, Utility, and an Electrician may be a good idea to pursue. May want to talk some "hypotheticals" to some of these people. Once a Code enforcer comes out you are ALL on the hook for what they may find.

Sound advice especially the response to legal threat of: I will see you in court. When threatened with a law suit we have also said: the BOD can no longer discuss this with you. As you threaten legal action, we have turned the matter over to our attorney. Each time we said this the person either went away or apologized for threat.

KerryL1 (California)
Posts: 14,550

Posted:

Look, Donna, you have a very dangerous situation on your hands. Act now as Cathy & I & perhaps others advise to eliminate these hazards. Even if used by a previous board, your current Board will be held accountable if you do not take action.

The reason is that once you know something is dangerous and you fail to act, your Board and HOA will be liable for any tragedies or minor injuries that occur b/c you were negligent in ACTING.

ElleN (Idaho)
Posts: 4,420

Posted:

I agree with others about the hazards here. I am concerned about safety along with liability. This has been on my mind ever since it was posted:

Quote:

Posted By DonnaM16 on 03/27/2023 8:41 AM
I have a freezer in my storage area, but I had to run that outlet UP to my own panel.

Running extension cords this long bothers me. The heat this freezer is giving off in a storage area bothers me. If there were are no code violations here, I would be surprised.

I think the board here should talk with a representative of the fire department to find out where to look up what code does and does not allow in storage areas.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ElleN on 03/28/2023 12:22 PM
I agree with others about the hazards here. I am concerned about safety along with liability. This has been on my mind ever since it was posted:

Posted By DonnaM16 on 03/27/2023 8:41 AM
I have a freezer in my storage area, but I had to run that outlet UP to my own panel.

Running extension cords this long bothers me. The heat this freezer is giving off in a storage area bothers me. If there were are no code violations here, I would be surprised.

I interpreted Donna's post to mean that she had an electrician install an outlet in the storage unit and wire it to her breaker box (so she was billed for the electric used).

Per Donna's initial posting, the storage units are caged off areas - so there should be plenty of ventilation and little to no heat build up.

The individual Donna is discussing in her post did enclose his unit by putting up walls within the caged area.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By TimB4 on 03/28/2023 1:09 PM
I interpreted Donna's post to mean that she had an electrician install an outlet in the storage unit and wire it to her breaker box (so she was billed for the electric used).

Oh. Maybe I completely misunderstood here.

I would still want an inspection for code violations. I am not as sure the ventilation and wiring are adequate. The one thing that does sound likely is that folks are encroaching on common area in a few ways, in a chaotic way. I say: Not good.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

you dont' need to move the water shut off necessarily, you just need to add a valve somewhere before his unit. If plumber can find an easy access location might only be $200. It's just cutting the pipe and putting a valve in. they even have valves that are controled online.
same with breaker panel, they have online controllable breaker panels. or you can hire an electrician to install external breaker on/off power box. probably $1000 or more though

vis ta vie

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why should the HOA pay for this work? The owner who is syphoning the power etc... is on the hook for this. They know they are "smarter" than the former HOA board members. It's time for the "New HOA board" to stop the games and educate. This person isn't expecting someone to come in and take their stuff down. Right now they are hiding under a wall of protection so to speak. Why? They believe no one is going to touch their stuff because they will also be effected.

Calling in the right authorities like code enforcement, fire marshals, and attorney should get them to pay attention. The HOA will have to realize this will cause them to suffer some by possible fines or legal costs. Would not be surprised if water or electric can be effected. If they can survive this, then go for the punishment of this person. It's going to be tough but it will get rid of the "sucker".

Former HOA President

RobertD27 (Florida)
Posts: 4

Posted:

What you describe sounds like utility theft. The law in your area may be different but where I live this is considered a misdemeanor. There could be fire code violations as well.

You should document this through photos and video as soon as possible (if you haven't done so already) and file a police report ASAP.

This criminal aspect of this matter are in addition to the civil actions that others have discussed.

KerryL1 (California)
Posts: 14,550

Posted:

Very interesting point, Robert!

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Just call the power company and have them assess this. Then proceed to town authorities/inspectors...whatever. Running to your insurance company is really asking for trouble before getting with the power company.

I agree that I'd suspect this person isn't the only one siphoning a bit of HOA power for usage.

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