"SHUTTING OFF THE WATER TO A DELINQUENT UNITS?"

one way to find out the law is to simply do it.

Secondly, you can invest some time to contact the local city or county attorney, and ask them. Also, contact the closest water company (private or public), and ask them for some advice. They might be able to point you to a quick answer (No, you cannot, here's why) or maybe not. Perhaps they can point you to their legal teams, who can give you an answer.

In general, you SHOULD be able to deny service for lack of payment. Your attorney is hinting that it is likely legal, but he doesn't want to tell you that (if it was absolutely illegal, he would tell you in a heartbeat! His hesitation and "advising you against it" makes you think he can't say it's legal, but he can't find out where it's illegal). However, water is frequently a vital service/utility, and there may well be rules against it. check with other utility providers, ask the city, and proceed carefully.

I would say that unless the board has formulated and passed a Policy and Procedure or there is a bylaw for a step by step procedure for collection, (with the last step as the shut-off of the water,) you should not do it.

As I've said before - if it ain't in writing, it doesn't exist.

Dana,

Don'tcha just love owners like that? I'll bet the renter has no problem reaching him when it's time to pay the rent!!!

Actually Mary in this case I found it to be revenge at it's sweetest. This particular renter(we'll call him Ted) has been very aloof and difficult to deal with in the past. Never wanted to tell me anything about anything, his name, nothing. The association had to paint the porch to the unit, he said the stuff on it wasn't his, so I moved it all just to get the porch painted; he's that type of guy All of a sudden Ted's owner goes on the lamb, Ted has no forwarding address to even send his rent, the water company shows up to shut off the water.......you get the idea.

Ted see's the manager and me doing a walk around and he comes out asking if we know anything about the owner. Where they are, what will happen to him.............. Ted is all of a sudden very open and willing to do anything for fear that he will come home from work and find all his furnishings in the parking lot. I sort of smirked at this point enjoying the moment. (I find that board members never quite get enough of these moments; so when they do come, enjoy them.) I'm sure that if Ted actually gets to the point of needing legal counsel he will find that the association would have a rather difficult time removing him, but hopefully not for our sake.

This unit is with the attorney as we speak so I couldn't really tell Ted much in return. This particular unit owner is one wherein they don't pay for a few months, it goes to attorney, they eventually pay common fees "plus" attorney costs and then it starts all over again. Heck of a way to make a living. But this particular round with this owner has been the worst and foreclosure proceedings are in the works.

That was part of my curiousity when some of you described in another post that you take owners to small claims.

We only have this one unit in arrears so compared to many other posters here my "problems" are rather small.

Dana,

I'm afraid there a alot of people like Ted. They only show their "nice" side when it benefits them! When the foreclosure notice is tacked on the door perhaps he'll get the message that it's time to move out.

Seems like in FL this is a no,no.
http://www.myfoxtampabay.com/dpp/news/local/hillsborough/Condo_owner_gets_water_back