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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our condo association has 4 buildings. All tenants except

Customer Question

Our condo association has 4 buildings. All tenants except for one building are current in their maintenance fees which pay for water, lawn, trash and insurance costs. Each building is separately metered for water. Can we have the water to the building not paying cut off because we do not have the funds to pay for it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.[/I
I am sorry to learn of this matter. No, you cannot cut off the water or utilities to enforce the assessments. To enforce assessments you can place a lien against the property and then enforce the lien either with a civil suit for a money judgment, or through foreclosure, but you cannot use "self help" such as cutting off utilities, etc.
See generally: http://www.nolo.com/legal-encyclopedia/kentucky-hoa-coa-foreclosures.html
Customer: replied 1 year ago.

If we don't have the funds, can we just not pay the bill?

Expert:  CalAttorney2 replied 1 year ago.
No, the HOA is responsible for the bill, if the HOA is responsible for paying the water and they use this as a means of enforcing the assessments (just not paying is another form of enforcing assessments) you are going to wind up incurring far more liability for the HOA than just a water bill, and you will end up owing money to the already delinquent owners.

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