Withholding Utilities on Delinquent Owner

Since the Condominium Association pays for water,sewage and trash out of the common assessment, would it be legal for the BOD to have a very delinquent unit owner's water disconnected? It is not metered and would require some sort of lock or block by a professional plumber. It seems that, if the owner refuses to pay his share of the services to our complex, why should he/she deserve to reap the benefits. Yes, I know that a lien is in order, but this seems like a good way to get his/her attention! Just wondering.

We used to be able to turn the water off to those who didn't pay their dues. However, we now have separate water meters and each owner is responsible for their own water bills. We were able to shut the water off because it was written in our CC&R's as a method of collection. If your documents don't give you these rights, then it's a no-go.

No matter what, you need to go with the lien process. It's time consuming but in the long run it's the best option. Contact the attorney and start the proper notification process of placing the lien. Make sure a certified letter is sent to the owner to let them know they are being liened if they don't pay up. If they refuse the letter KEEP IT. It will be evidence that the letter was sent and refused. This came in handy for us when the case ended up in court. (It was for other reasons). The rejection is proof of communication attempts and their response. Make sure the letter goes to the HOA address. If they live somewhere else, then try to send it to both placed but it's the HOA address that matters most. A lawsuit isn't worth pursuing and the lien is the best way to go.

If you turn off the water all the resident has to do is file a complaint with the local Board of Health and you will receive a court order to turn it back on.
Jeanne

typically, namby-pamby laws written to protect deadbeats prevent you from such tactics as locking out a delinquent, shutting off their power in the winter, etc..

However, you may be able to occasionally do needed and necessary repairs on the water system of that unit, at perhaps inconvenient times. Maybe you noticed an unusual water seepage, and your plumber had to shut off the water to that unit at, oh, 7 am. Or 5:30 pm. You know, to check something out. Or work on a repair.

And maybe that didn't fix it immediately, so you had to do it again. Just when the owner had a big party at his house. Who knows, it could be a real bugger of a problem, and take lots of troubleshooting to figure out.

Sure.. what's the delinquent going to do? Complain that you are trying to fix the service you provide that he doesn't pay for? Complain that you are improving the thing he is stealing? So it's a little inconvenient. So what if the water goes off while he is showering. So what if his toilets won't flush at his little Christmas party. Aren't you working hard to make sure there's water tomorrow, and the next day, and the day after, for him to steal? Isn't that worth a little sacrifice today?

He's a thief. He doesn't have a lot of moral room to cast stones.

You have a problem, you have a lawful remedy, and you are aware of the remedy. Why are you not pursuing it?

But if you really want to get his attention, you could butcher one of his kids in the street. That would teach him a lesson, huh? Or just take a D9 Cat and bulldoze his unit flat and salt the earth. He won't soon forget that little lesson, either. No point in pussyfootin' around, right?

Or you could just proceed as the law allows.

I like it! now you are getting all Old Testament on him! Exodus 22:1-3 tells us he either owes us 4 to 5 times the value, OR, we can sell him into slavery. It's about time we got back to Christian values in this country. Sell his thieving, deadbeat delinquent self into slavery, like the Bible tells us.