ErrolA (Texas)
Posts: 19
Posts: 19
Posted:
Are there any legal matters to consider before shutting off a homeowner's water for non-payment? Each residence is individually metered.
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Water disconnect for non-payment
Started by ErrolA • 10 replies • 4195 views
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RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
ErrolA.
Yes. Use search feature at top right this page.
As far as have we agreed on what can/should/be allowed to do, that is a different question. But plenty of stuff has been posted on this/
Yes. Use search feature at top right this page.
As far as have we agreed on what can/should/be allowed to do, that is a different question. But plenty of stuff has been posted on this/
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
ErrolA:
Disconnecting water service for non-payment must be allowed in your By-laws, much like the ability to fine must be in your By-laws. There was a recent news article on this web site a week or so ago about a judge ruling that water had to be restored to a woman whose water had been turned off. Scan the recent news articles for more information.
Jeanne
Disconnecting water service for non-payment must be allowed in your By-laws, much like the ability to fine must be in your By-laws. There was a recent news article on this web site a week or so ago about a judge ruling that water had to be restored to a woman whose water had been turned off. Scan the recent news articles for more information.
Jeanne
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
JeanneK,
While it is true you have to cover this act in your documents, it is much more complicated than that. Just to mention one complicating aspect: suppose the regime cuts off the water to a unit resident that requires water for a handicapped person. Lots of other considerations.
It has been done in our condo and it was effective, but I sure would be a lot more cautious after now I have read some of the posts here about the problem.
Use the search feature above and look at some of the posts.
While it is true you have to cover this act in your documents, it is much more complicated than that. Just to mention one complicating aspect: suppose the regime cuts off the water to a unit resident that requires water for a handicapped person. Lots of other considerations.
It has been done in our condo and it was effective, but I sure would be a lot more cautious after now I have read some of the posts here about the problem.
Use the search feature above and look at some of the posts.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
While I believe it's allowed in VA for residential and in OH for commercial condos you really need to check with your HOA attorney to find out if it's allowed in TX. Generally while it's legal for the utility to shut off water to individually metered homes that they meter for non payment, HOA's are generally up the creek without the proverbial paddle. You have the additional hurdle if I read your other post correctly in that the re-metering may have been done improperly. See also: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/75703/view/topic/Default.aspx
Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
If disconnecting the water meter is not an option (by law, covenant, etc), one might remember that frequent service interuptions, including repairs to prevent future interuptions, can be inconvenient.
I have always found that when someone calls to complain their water was shut off in mid morning routine, dinner time, or when a party is occuring, a simple "We are very sorry for the inconvenience, we have someone out at the meter working on a repair. We hope this repair will allow us to continue providing you with better quality water in a timely manner in the future. Let me see, a quick review of your account shows.... Oh, you aren't actually paying for water service, it seems. Well, I am sure that in no way will affect the quality or timeliness of the repair to your service. We hope to have you back up and running soon, and we certainly hope that any future leaks, breaks and repairs won't happen. These lines are old, and require a lot of attention, i am sure you understand."
I have always found that when someone calls to complain their water was shut off in mid morning routine, dinner time, or when a party is occuring, a simple "We are very sorry for the inconvenience, we have someone out at the meter working on a repair. We hope this repair will allow us to continue providing you with better quality water in a timely manner in the future. Let me see, a quick review of your account shows.... Oh, you aren't actually paying for water service, it seems. Well, I am sure that in no way will affect the quality or timeliness of the repair to your service. We hope to have you back up and running soon, and we certainly hope that any future leaks, breaks and repairs won't happen. These lines are old, and require a lot of attention, i am sure you understand."
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
IMO, this is one of those restrictions included in the CCRs that may not be legal, but the decision can only be made in a court of law. Much like the provision that allows the HOA to restrict parking on public streets. Now this particular provision has been decided in a court of law and ruled in favor of the HOA.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Errol,
This is a bit confusing. If the meters are individual meters how does the association have any right to shut them off? If owners have individual cable, electric and phone service can the association cut them off? I doubt it.
This is a bit confusing. If the meters are individual meters how does the association have any right to shut them off? If owners have individual cable, electric and phone service can the association cut them off? I doubt it.
ErrolA (Texas)
Posts: 19
Posts: 19
Posted:
Thanks for the reply Ellen. We are a self managed HOA. Therefore the HOA is responsible for billing and collection of water bill payments from each homeowner. The subdivision is private property with one city meter and the individual homeowner meters. The city reads and bills for their meter and the HOA will read and bill for each individual homeowner meter.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
First off, do your CC&R's allow the HOA to change from a master meter to individual ones? Have you checked with Houston Water to see if this is allowed and if it will change your rate from residential to business since you are in effect reselling the water they provide?
My best advice is to turn this mess over to the HOA attorney and let them sort it out. I have spent many years in and around city government and I can't begin to tell you how many times I've seen people try to navigate the bureaucracy on their own or say just the wrong thing in their effort to be helpful to the nice bureaucrat to get something approved and found themselves behind the eight ball.
My best advice is to turn this mess over to the HOA attorney and let them sort it out. I have spent many years in and around city government and I can't begin to tell you how many times I've seen people try to navigate the bureaucracy on their own or say just the wrong thing in their effort to be helpful to the nice bureaucrat to get something approved and found themselves behind the eight ball.
Studies show that 5 out of 4 people have problems with fractions
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
I would highly suggest notconsidering Brian's solution of interruptions. This can be even more expensive then disconnection.
But you live in Texas and if an owner owes money to the HOA you can place a lien on the house. A year after filing the lien you can foreclose.
But you live in Texas and if an owner owes money to the HOA you can place a lien on the house. A year after filing the lien you can foreclose.
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