Water Turn Off

Started by RichS • 11 replies • 2097 views

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RichS (Florida)
Posts: 13

Posted:

I'm on the board in a small(168 units)Townhome HOA in Florida. Like many we are presently having a problem with individuals not paying monthly assessments. Our assessment covers lawncare,garbabge, pool,some janitorial, community electric, sewage and of course WATER. Because it appears free, our use is high.

To recoup our monies we have directed or management company to begin turning off water in our empty units. Some are investment owners who do not have rentors at present. The lock will remain until dues are paid up. We our told we cannot shut off the water to occupied dwelling even though some are thousands in arrears. We have been told only the water company can shut off water as they are the supplier. That does not sound right. We buy from them and "Supply" to the residents. Do any of you know a leagal way around this? Our attorney hasn't been very helpful. Does anyone out there know if we can go forward and shut off the occupied homes? What case law backs this. Similar problems. Any insight is appreciated

MikeS1
Posts: 668

Posted:

Any chance of getting the Water Auth or put individual meters on each residence? I wonder...

BrianB (California)
Posts: 2,820

Posted:

I cannot speak to the legal requirements to turning off water to occupied units, i am sure there are dozens of hoops to jump through.

But, there are alternate ways to prepare the cat's hide for tanning.

RichS (Florida)
Posts: 13

Posted:

Our documents were ammended by the builder taking away the right to add individual meters with a 2/3 vote. Our proolem there....45% investors and as an owner, who wants to add a water bill to existing ones when it's already being paid.

You got my attention....how else can I prepare the hide???????

Is gthere a legal way to get the owners rent monies awarded to the HOA until they are paid up in arrears monies?

Thanks...BY the way in Florida not Ha. had to reset profile.

RichS (Florida)
Posts: 13

Posted:

BrianB (California)
Posts: 2,820

Posted:

there are always water line problems that randomly occur, breaks that need repaired, or even preventive maintenance that should occur routinely to keep the water system in compliance with all customer needs, state laws, etc.. Sometimes testing should be done, for example, to ensure the system is up to snuff. Sometimes things are found that need replaced, or items are broken when simply attempting to find the water lines.

It's always a shame when those system checks must be done, and water has to be turned off. It's a crying shame when those line breaks occur, cutting off water to homeowners for who knows how long... parts can take forever to get ordered, arrive, be installed. Sometimes, you order it and get the wrong part, and you have another delay while you get the right one. SOmetimes, you can't get the plumbers to work because they are so busy... there's all kinds of problems that could occur. It's a shame it seems to happen during shower time or dinner time, of course.

it's always a shame when they happen, and of course, your board would be doing everything in their power to correct the issues in as timely a manner as possible.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Rich,
First, call your local water company and just plain ask--can we shut of water in a non paying unit? They will know if it is legal to do so. If you can, send a notice to each owner with the information concerning lack of payment will result in water being shut off at such a date unless the fees are paid in full. We have to stop baby sitting and coddeling all of these slackers. I pay my bills otherwise my water gets shut off so why the soft approach to everyone else? Our water provider in Martin County is relentless when it comes to late bills.

RichS (Florida)
Posts: 13

Posted:

Same here in Hillsborough Co Fl. can't get this darn thing to recognize I'm not in Hawaii. Will give them a call direct and see what they say. Thanks

DonnaS (Tennessee)
Posts: 5,671

Posted:

Rich,
I've been to Hawaii lots and Hillsborough Co lots. Stick with Hawaii.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Shutting off the water to an occupied home makes it have a "condemned" status. Health Dept. will get involved.

We put huge red signs on the doors saying that their water will be turned off on such and such date due to non payment of water bill. (This is after nearly 5 months of "procedure.")

Most folks seem to come up with the money. (Surprise, surprise!!)

We have shut off vacant homes, however.

GlenL (Ohio)
Posts: 5,491

Posted:

Rich, you need to check your state laws in I believe in Virginia you can shut off the water for non payment and I just discovered this in Ohio: 5311.081 (B) (14) Subject to applicable laws, adopt and amend rules that regulate the termination of utility or other service to a commercial unit if the unit owner is delinquent in the payment of an assessment that pays, in whole or in part, the cost of that service;

Susan, the water company turns the service off for non-payment without "condemning" the property all the time. I know from 1st hand experience in the 1990's when I became injured and couldn't work.

Studies show that 5 out of 4 people have problems with fractions

GloriaM (North Carolina)
Posts: 829

Posted:

In NJ, I managed a 12 story hi-rise that the water was paid through the dues and we did shut water service off. We hired a plumber that had to go through the hallway wall in order to turn off the service.

The Owner continued to live in the unit and not pay dues. She went to the store and purchased gallons of water and left the plastic gallons all over her back terrace.

We called the health department and her unit was condemned and she was forced to vacate.

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