Association shut off my water cause of past due fees

I have a Condo in Southern Oklahoma and fell behind on my association dues. The monthly statement each month has stated "any units behind on their fees for two months or more will have their water shut off". I have repeatedly asked if my water was shut off, just recently found out that is was. The problem is that I was planning to return to Oklahoma from California to resume living in my unit or to rent it out, but now the water is off! I asked about the water status on October 20th, 2009,and today, November 9th, I received an email from the Assocation Bookkeeper that my water was shut off on November 3rd, even though I have told them in a previous email that I was returning at the end of this month to live in my unit or rent it out or sell it if needbe. This sounds personal to me now. I don't owe anything on my unit, it is free and clear of debt. My question is to anyone out there who can tell me their experience with this Association Strong Arm Tactic. I use to be on the Board of Directors a few years back, but after dealing with uneducated Board Members, I decided not to be included in their unfair dealings. Can anyone educate me on what to do next?

Pay your past due assessments for a start as HB states the US Mail has been around for a while and do an excellent job of getting checks to where they are owed. That said, I doubt this is legal, the only state that I know of that allows an Association who pays for water to shut it off is Virginia. In Ohio we can only do that with commercial units, and a HOA in Florida just tried to do it and was stopped by the courts. I would contact the local water utility to find out if it is legal in your jurisdiction to render your home uninhabitable for non-payment; ironically water utilities are allowed to do it and do so all of the time. Next step would be to contact the local authorities (city council, county commissioners, zoning board, etc.) unless you want to cut to the chase and hire an attorney to contact the HOA.

P.S. This advice in no way means I approve of your not paying, by doing that you put a hardship on all of your neighbors asking them to pay your way.

Thanks GlenL for your response. Yes it is not legal to turn off the water, and as I am aware of my non payment of the dues, it does not give them the right to hinder my use of my unit. The water is paid to a Master Association who controls a well and it is not metered. Everyone was aware that I have not been there, thus no water usage, so why turn it off now, I don't know? And there was no warning to the effect, until I wrote to them asking if it was off. All I know is now I can't go there until the water is turned on. They are threatening with foreclosure, and I hope to resolve the issue before the end of this month. I too, am aware of the other states legal stands on this issue. Regardless of the past due fees, now is the issue of my inability to live in my unit, to work locally and repay what I owe to the Association. Do you feel that I might have a case against them?

June,

You received notice more than once your water would be shut off and you did not catch up with your assessment payments. This doesn't sound personal to me. It doesn't matter whether you own your property free and clear and, in fact, makes a foreclosure proceeding that much easier.

Regardless of whether the water is paid to a master association or whether it is metered, they tell you on the statement the water will be shut off and it obviously has worked to get a reaction from you, which is the point.

You WERE given a warning that the water would be shut off (it is on the statement, what else do you want them to do?)

The inability to use your unit is fully your fault, and only you can fix that by paying or making arrangements for the payment of your dues. I have a feeling that you were fully aware of the water being shut off and are now trying to find someone to threaten with a lawsuit so you can use the unit without having to pay the back dues.

Mary,

Amen! If an owner owns a property free and clear they can certainly pay their assessments. In these times, when hoas are facing so many delinquencies, there is little patience for deadbeats. Most hoas will work with owners who truly are having a difficult time financially but not with an owner who has no mortgage payments and the extra money to file a lawsuit. I suggest the OP use her funds to fight the foreclosure suit which seems imminent.

Glen,

I don't know the laws in the OPs state either but sometimes there is more than one way to skin a cat. The OPs options are either (1)pay up or (2)file a lawsuit. I have been in the legal profession for about 30 years and would advise her to pay up. Over ten years ago our attorneys charged over $225 per hour, and yes every 15 minute phone call was charged. My time then as a paralgal was $70 per hour (ten years ago)..every minute is charged to the clent who looked shell shocked when they received the bill. When I see people on this site advising "go to an attorney"..that should be a last resort. Usually things can be worked out and our OP has only to pay her assessments. Really pretty basic..she owes it and she should pay it.