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[email protected] hallerb@aol.com is offline
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Default OT cutting off water for landlord/tenant

On Apr 27, 10:43�am, wrote:
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.


at least let the tenant know whats coming, a quick phone call or
friendl;y visit.

you might also call local government and ask.

wonder what the liability is for the lawer, HOA, and voting members if
the water is cut off, a minor fire occurs, that spreads thruout the
building?

the other units insurance companies might have a $$ field day.

plus if the tenant losing water goes to the media, do they really want
your complex in the news this way?