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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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If a building has a septic treatment system which the HOA

Customer Question

If a building has a septic treatment system which the HOA supplies and maintains can a unit owner in arrears be disconnected
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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This would depend on what they Bylaws and CCRs for the HOA state and whether this is an allowed form of action under them. The Bylaws and CCRs are the "laws" that govern the development and give the Board the power to take punitive action against an owner for violations of the rules.

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But my instinct would say no, they couldn't do so because that would make the house uninhabitable thereby effectively constructively evicting the owner because they wouldn't have an available sewage waste disposal system..

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To know for sure, the Bylaws and CCRs would have to be reviewed to see if this is an option though...

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The other option which I know the Board could do is file a lien on the homeowner's property, foreclose, and force a sale of the property. They could also sue the owner under a breach of contract claim in court to get a judgment and then attempt to collect on the judgment by seizing and levying on assets.

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thanks

Barrister

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