Restricting water usage

The wells are not owned by the association so it seems it would have no authority over water usage unless the water was causing damage to a common area or association amenity.

Sorry for 3 posts but if your board made such a water restriction, it would probably constitute an ultra vires act.

In general, the law and your governing documents usually have a broad statement of authority to create restrictions. So the HOA can restrict water usage without having that specific power over water usage.

However, restrictions need to be reasonable, and should probably be related your property. A reason might be that the wells can run dry with extensive usage and water needs to be preserved. If the reason is simply that they don't like what their neighbors are doing, then that by itself is not a good reason.

Other than perceived wasteful use, what are the reasons to restrict water usage?

Reasonable might be no vehicle washing, that’s about it.

Not so. For a Board-created rule to be lawfully enforceable, for one thing the rule has to have a clear basis in the governing documents or statutes.

One of the biggest myths newbies have here is the belief that a HOA can make up any old rule. No, they cannot. The courts view covenants either as contractual terms or for all intents and purposes for laypeople, as contractual terms. For one thing this means the board cannot go outside the authority of these "contractual terms."

The county or state might be able to enforce water use restrictions. But from what the OP has said so far, I do not see that the HOA corporation has any authority or say other than maybe humble non-enforceable requests of owners in say the HOA newsletter or at association meetings.

Restrictions inside the home or on private property typically have to be within the covenants.

Restrictions on common areas or common elements can be made by resolution.

Regarding water usage, I agree with others, the HOA has zero authority over that unless your governing documents give the board that authority.

If that's how they feel, perhaps they can do some research on what's happening with water usage in your community to see if there IS a problem. It's true the board may not have any say in the matter, but since these wells are shared, it wouldn't hurt to ask the complainers how they came to this conclusion. There could be things people could be encouraged to do to conserve water (saving everyone money)

Here's an article on the subject that could get everyone started - https://portal.ct.gov/deep/water/water-quantity/water-conservation-guidance-for-homeowners-with-wells#:~:text=Cutting%20back%20on%20water%20use,entire%20day%20may%20also%20help.

I see. You wrote:


I gather you meant there is a "broad statement of authority" to enact amendments to the CCRs, which requires a vote of the owners in almost all cases, and often a supermajority's approval as well.

Your "broad statement of authority" is my "Amendments section of the Declaration." Winky wink.

I agree that the courts say any such amendment has to be reasonable.

Is this an issue of showering once a week versus daily or watering plants?

Btw - our lots are individually metered, and individually billed.

Our lawyer has weighed in and said our Covenants do not give the HOA the right to limit or restrict water consumption.

Well, it appears the question about the board's authority to regulate water usage has been answered (nothing in the documents and the HOA isn't paying for the water anyway). If people are being billed individually but it's a shared well, I suspect some may be concerned that their bills are increased because of what a neighbor is doing with his/her hot tub.

Since some people did express concern about water conservation, maybe people need to read or reread their owner's manuals to see how often this should be done. Here's what Google AI said on the subject:

A hot tub does not need to be completely refilled before every use; most experts recommend draining and refilling your hot tub every 3-4 months, depending on usage and water quality, as the water can become saturated with minerals and chemicals over time.

Key points about hot tub refilling:
Chemical buildup:
The primary reason to drain and refill is to manage chemical build-up in the water, which can affect its effectiveness and potentially irritate skin.

Testing water quality:
Regularly test your hot tub water to monitor pH, alkalinity, and sanitizer levels to determine when it's time to refill.

Signs of needing a refill:
Cloudy water, excessive foaming, difficulty dissolving chemicals, or a harsh feeling on the skin can indicate the need to drain and refill.

One way to find middle ground on this is to talk to some hot tub retailers to see what they say about maintenance and refilling, and post suggestions on the community website or newsletter (or both). Then it's up to the hot tub owners to make the next move. Everyone depends on the same water supply, so hot tub or no, people should remember that before something happens and EVERYONE's water supply has to be limited. Hot tubs are nice, but the ability to take showers, have drinking water and especially flushing the toilet is more important.

Hm, looks like you've hit on another reason some people are upset - some neighbors are renting out their cabins and keep using the water for hot tub refills, which are supposed to be used by residents (albeit part time). They collect rents while others have to pay more or risk not having enough water because of the renters. I don't know how much of this is true, but I do know tenants moving in and out can and does result in more expenses to the association (e.g. trash).

This could be another reason the board tried to do what it did, but we know they don't have the authority, so I don't know how this gets fixed (one could argue residents are responsible for using as much water as the owner-landlords do).

In Ohio, a board can enact reasonable regulations. In a situation where a community is on wells and suffering from low water pressure, some water use restrictions are very reasonable.

A board could regulate the time of a shower, number of loads of clothing a week, or no use of bath tubs, but regulations prohibiting hot tubs and car washing are not unreasonable.

In a condo desiring to address water issues, including the repair of leaking faucets and toilets in the services package would go a long way.

Actually the issue is commercial property.

It may be private property, but in Ohio the HOA has the authority to regulate use.

Regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium property;

Adopt rules that regulate the use or occupancy of units, the maintenance, repair, replacement, modification, and appearance of units, common elements, and limited common elements when the actions regulated by those rules affect common elements or other units.

Low water pressure affect the other units,

More likely IMO just disdaining water waste.

For all we know water is a concern in general where the HOA is.

From https://www.epa.gov/sites/default/files/2017-02/documents/ws-ourwater-georgia-state-fact-sheet.pdf:

Though Georgia has a humid climate and a statewide annual rainfall of 51 inches, periodic water shortages have become a fact of life for the state’s residents. Such shortages are triggered not only by occasional droughts, but also by uncertain aquifer supplies and a dwindling number of new surface water sources available to satisfy the state’s growing population.
...
Even though Georgia’s high average rainfall is usually enough to recharge its aquifers, the combination of recent droughts and increased demand hav e strained
the state’s groundwater resources. For example, unsustainable pumping rates have significantly lowered water pressure in the aquifer underneath the City of Savannah and raised concerns about saltwater intrusion into fresh drinking water.

What if the wells go dry, then is it an HOA issue.

Rather interesting opinion from a resident of a state where people own water rights and there is rationing.

The issue is a new renter wants "freshwater" in their hot tub versus one floating with your "stuff" especially the females.

I've seen people connect a hose to the spigot and drop the hose letting water run for hours and days. I dunno what would ever possess
someone to do that. That is why the MHP park meetered each lot.