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MikeT5 (Ohio)
Posts: 2
Posted:
My current association is dealing with a few residents that are possibly facing foreclosure and are behind are their HOA fees. This situation has lead to an increase in the current HOA fees for residents.

My question is... Does the HOA have the RIGHT to turn off water to the offending residents that are behind on the HOA fees and facing foreclosure? This is in the State of Ohio.

Thanks for your help..

GlenL (Ohio)
Posts: 5,491
Posted:
Mike, this is one of those questions where you should consult the HOA's attorney for a legal answer but from my experience if your HOA consists of individual stand alone homes which the HOA pays the water then the answer is no. While the local water department has the power to terminate service to H/O who do not pay for the service, other entities in OH do not and there is no HOA law in OH except for condos. If you are a condo HOA then the answer is no unless the units in arrears are commercial:

5311.081 Powers and duties of board of directors.

(B) Unless otherwise provided in the declaration, the unit owners association, through the board of directors, may exercise all powers of the association, including the power to do the following:

(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;

Studies show that 5 out of 4 people have problems with fractions
KirkW1 (Texas)
Posts: 1,665
Posted:
When looking into this I would ask the lawyer to see if there is any law prohibiting the stopping of the water.

Every location I have lived at would stop the water if you didn't pay the bill. But the bill only paid for water, sewer, and trash. All the same...
MikeT5 (Ohio)
Posts: 2
Posted:
Thanks for your posts. The property is non-stand alone condos. About 50 units. The Association fees that the 4 residents are behind on include water, trash, sewage, general maintenance to the building etc.

So what you are telling me.. is most likely... the Association and the PM company cannot decide to turn off the water to a resident not paying their dues that includes water in the fees? That is tough.

Thanks for you response...
GraceH (Virginia)
Posts: 224
Posted:
Mike,
Do your By-Laws say anything about utility services being turned off for non payment?
GlenL (Ohio)
Posts: 5,491
Posted:
Mike OH condo law does allow a Board to suspend a members right to use amenities (pool, exercise room, etc.) and vote in association matters if they are 30 days in arrears, as long as you amended your documents to allow this. When H.B. 135 was passed in 2004 were your documents amended to take advantage of the changes in the law?

5311.081(B)(18) Suspend the voting privileges and use of recreational facilities of a unit owner who is delinquent in the payment of assessments for more than thirty days;

Studies show that 5 out of 4 people have problems with fractions
JudyM5 (Ohio)
Posts: 36
Posted:
Mike -

When our COA was considering installing individual exterior water shut-off valves to accomplish the very thing that you're asking about, we were advised by our condo law attorney that the association could not legally turn the water off to a unit. Sorry!

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