Florida HOA shutting of water service?

We are a Florida HOA and our assessment includes water service. We want to amend our documents to include water termination due to unpaid assessments. I did a search and found great info, but there were no posting from Florida.

I’m trying to find out if there are any Florida Associations who shut off the water to units when the owner is delinquent.

I called the Health Department and explained the water service was part of our assessments and asked if we could legally shut off the owner's water? I was told by the Health Department...If it's in your documents and the owner calls to complain, they'll be told the Health Department will not force the Association to turn the water back on and they would also tell the owner they must vacant the property.”

When we asked our attorney about turning off the water he advised against it. I realize he's trying to protect our Association from possible law suits. We did ask him before I called the Health Department. After talking to the Health Department I'm hoping we can amend our documents to clearly state the Association has the authority to shut off the water.

As always this will go thru our attorney, if he tells us this is not legal then we certainly would not pursue it any further.

Many of you might be asking yourself why we would even consider such a drastic measure, and the answer is we are desperate. Past boards did not aggressively pursue delinquent owners and our association's past due assessments are over $50,000, that's equivalent to one years worth of water bills. Since getting on the board this year I've had our attorney sending demand letters, filing liens, but it's a slow process. Maybe this is only wishful thinking, but maybe if this can be done owners will see that their assessments are just as important as paying their car, mortgage, electric, and cable bills. I know of one owner who owes several thousand dollar and he bought a big screen TV. I’m sure he put it on credit. Another owner bought a new car. I don’t think most of these owners realize that they can end up loosing their homes, because several have not paid in years. Yes I said years. Maybe having their water shut off will be the wake up call that many of our owners need.

Sorry to be so long winded and thanks for letting me vent.

We are in a subdivsion and supply the water to over 250 homes. We no longer call it a "water bill" - but rather membership dues since there are other amenities that are included with the water: roads, common areas, a beach and community center and the water use can't be sorted out from all that.

The membership fee is $850 per year. There are several payment plan options, but some people - including old board members!! - take it all the way to the shut-off level before paying. We now have 6 homes in foreclosure in our sub.

We send letters, paste notices on the doors, paint the water turn-off connection with florescent paint (in the yard or driveway - this usually gets some action) and then finally, shut off the water. One thing, we ALWAYS get the fee since the water will not be turned off until the dues and late fees are paid.

The bylaws state that the water will be turned off for non payment of membership dues. The Board just passed a rule that said the over-due homeowners can't rent the community center.

Have an outside company do the actual shut-off. Foolishly (in my opinion) some of our board members are present when the water tap gets dug up and shut off. They have been threatened and even laughed at. The board should not be that close to the actual shut-off process.

Missy:

My advice, either follow the advice or your attorney or shop for one that will agree with you. IF you are ever in a lawsuit it won't look good that you didn't follow the advice or your attorney.

why not just institute a repair or upgrade program to your water system. I mean, it can be inconvenient that you have to shut off water service to houses at the most inopportune times (right at morning showering, dinner preparation, etc.), but hey, we apologize and as soon as we get this problem fixed, i am sure your water will be back on.

a couple times of that, with the appropriate reasons (we WOULD use a higher quality valve here, but with so many people not paying their water bills, we can't afford to do anything but these cheap ones), the message will get across.

If the HOA owns the water lines, i bet there is already an easement granted somewhere for entry onto the property, at least to the meter.

BrianB, the association years ago checked into having the city take over, it was very expensive. Our units are not individually metered, plus something to do with changing the water lines. The cost years ago was over $100,000. I'd hate to think what it would cost now. Our members would have a difficult time if not impossible to pay the special assessment. We just can't ask this of our members.
Thanks for the post....that would be the best solution, if it wasn't for the cost.

I believe if the assn is paying the water bill, they have a right to turn off the supply. Several years ago there was a bill in the AZ leg. to make this illegal, but there was so much opposition from condo communities that the bill died.

Someone asked if yours is a condo or planned community. There is no way the board could turn off the water to homes in a planned community. Each member pays his own water bill! That would really be stretching the authority of the HOA. The HOA only has authority over water usage IF they are providing that service.

weird, i am re reading this thread to see where I even remotely suggested having the city take over...