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[email protected] trader4@optonline.net is offline
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Default OT cutting off water for landlord/tenant

On Apr 27, 9:21 am, yourname wrote:
110 dollars a quarter.



Shutting off the water to a family with a hardship, disabled person, medical
needs, etc, could lead to some nasty legal implications. Just put a lien on
the property and 18% interest. That is often all that is needed.


Geez, there ya go.

In Mass, it is illegal to shut off water to a tenant AFAIK. Shutting off
water is a pretty bad idea, if a lien is an available remedy

I would leave the aforementioned note if they insist on shutting off water



I was president of a condo assoc here in NJ and from discussions I had
with our lawyer, I don't believe shutting off utilites is legal here
in NJ. To be clear, in our case, the water bill was not paid in
common by the association, so it's not exactly the same. However, I
did look into this enough that I don't think it would be legal to turn
it off even if the bill was being paid by the association for all the
units. There are strict laws governing this type of thing in many
states. Before I did it, I would get a second opinion from another
lawyer, who is very well versed in common interest property issues.
Another resource is the Community Association Institute, which
hopefully your association is a member of. This is a national
organization, with state chapters, that provide lots of helpful info
on laws, lobby for new laws, etc.

I also have to agree with those that wonder why your lawyer doesn't go
after them legally, instead of resorting to what should be a last
resort. Most HOA legal documents make it easy to file claims. For
example, if they miss their monthly payments, usually you can then
accelerate them and demand payment of a full year's assessment and go
after that amount. And filing a lien and ultimately foreclosing is
an option as well. Again, most HOA agreements also state that the
owner is responsible for not only the payment, but legal fees incurred
as well. One would think any competent lawyer would prefer that
route, as it makes him more money.