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

UPDATED: Dec 13, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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