Can my Home Owners association have my water turned off if I don’t agree to pay them a fine they want to impose?

The water bill is covered by the HOA fee which I pay and I am up to date on my payments. The are asking me to pay them a fine of $300 per month for renting the unit. Is this legal and can they turn off the water?

Asked on November 30, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your HOA can try and assess you a fine of $300.00 per month for renting out your unit depends upon what the presumed recorded "covenants, conditions and restrictions" say about the subject. As such, you need to carefully read this document in that it controls the subject on your question.

The HOA cannot turn off your water as a means of getting leverage over you in the $300.00 dispute that you are writing about legally. If it does, you would have a basis for a legal action. I suggest that you consult further about your question with an attorney practicing law in the area of homeowner's association.

 


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