Cutting off services

Started by JoeT1 • 9 replies • 1336 views

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JoeT1 (Georgia)
Posts: 6

Posted:

Our 3 member board recently held a meeting and voted to cut off cable and internet services to unit Owners that are 90 days late on their dues. The Association pays for these services. My question is: Can the Board make the Management Company do this or is there any other laws that prohibit this? The Assn is in Georgia and I was wondering if anyone may know the answer to this.

SheliaH (Indiana)
Posts: 6,964

Posted:

What do your governing documents say (that's usually the first place to look when asking if the board can do anything). There may also be previous minutes where the board passed a resolution stating this would happen (minutes are a legal document, so if the governing documents state the board can pass various rules this way, that's your answer).

I don't see anything unreasonable about turning off the services if the owners are late on fees - if the owners want the service, they either pay their fees or make arrangements to pay it themselves (why isn't the board doing that anyway?)

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

JoeT1 (Georgia)
Posts: 6

Posted:

The vote was legitimate according to the docs. I just wanted to know if this can be done without violating any other laws or rules that may supercede this decision. I want our assn to avoid getting into a costly legal battle because we violated someones rights or constitutionality.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Joe,
I would venture to say that because the Internet and Cable come out of assessments or dues, failure to pay those would result in loss of those services. You said that the Board voted to do this and it was legitimate according to your Docs? Then there is not a problem in shutting off the service. This service does not sustain life or health therefore it is not considered essential. No State or Federal laws were broken.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I forgot to add, I hope that you have followed your proceedure for notification to the delinquent owners.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Joe,

I doubt there is a law prohibiting this; however you should verify this by checking out HOA state laws. I know many assn's (condo) cut off water for the same reason.

BrianB (California)
Posts: 2,820

Posted:

often times, water and power are protected from simple 'cut-offs' by state laws, because they are considered a necessity of life.

I seriously doubt that cable TV, HBO, and internet are thought of in the same manner.

Remember too, if you for some reason cannot cut them off legally, there is always maintenance that needs to be done on the cable system, and sometimes that requires turning off the service for periods of time... sometimes a long time, while you wait for a duo-reconvertor to arrive that fits into the recombinated flux capacitor.

DonnaS (Tennessee)
Posts: 5,671

Posted:

HUH???? Okay,Okay, I'll pay the dang bill.

MaryA1 (Arizona)
Posts: 7,043

Posted:

I think some people would rather go w/o water than cable and internet service! This may be the best tactic to get those delinquencies paid up pronto!!! LOL

MikeS1
Posts: 668

Posted:

You should be able to suspend other priviliges like parking, and pool etc.

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