Can my HOA shut off water to my unit in becuase of unpaid dues?
Question Details:
I am behind on paying dues, water was shut off on my tenants. The HOA told me the renters will have to pay them the entire rent I collect until balance is paid off. Is it legal to shut off water, and second can the HOA tell my renters to start paying them my rent payment?
Both questions probably have to be answered by your HOA's by-laws. These remedies aren't specifically authorized by the condominium statute, but they aren't prohibited either; if your HOA is for something other than a condominium, another statute probably applies. It may well be legal to have a water shut-off authorized in the by-laws; in other states, the statutes do give this specific right to HOA's, with some conditions, where the HOA supplies the water.
The rent might be a more difficult question. But collecting the rent without paying the bills, on a rental property, is recognized as a recipe for deteriorating housing, and you can't expect an excess of sympathy from the court.
