Can the HOA shut off my water knowing that a tenant is living in the home?

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Can the HOA shut off my water knowing that a tenant is living in the home?

I have a tenant in my home and when my HOA found out they imposed a $300 monthly leasing fine. Since I am not able to pay the fine the Board had my tenant’s water shut off. Outise of the leasing fine, I am current on my HOA assessment which covers water cost so I am paying for water service. Right now my major concern is my tenant does not have water currently. Can the HOA shut off my water knowing that a tenant is liviing in the home? Are there laws to protect tenants from actions such as this?

Asked on December 13, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Homeowners Association (HOA) cannot legally shut off the water to your unit over a rental issue concerning nthe tenant in your unit. What the HOA did was engage in self help to leverage you and the tenant over the tenant rental dispute that you are writing about.

I would immediately call the HOA about the situation demanding that the water be turned back on to your unit within 24 hours followed by a written letter confirming the call. If the demand is not complied with, you need to contact a landlord tenant attorney about the situation. In the interim, keep your tenant posted about the events.


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