mm wrote:

On Fri, 27 Apr 2007 05:09:47 -0400, "Mortimer Schnerd, RN"
mschnerdatcarolina.rr.com wrote:


mm wrote:

This is OT, but you guys seem to know a lot.

I went to a Home Owners meeting tonight. The HOA plans to disconnect
the water of people who are delinquent on their fees, and the
management company rep says that it is *illegal* to tell the tenant
what is about to happen to him. That they can't tell him this without
the consent of the landlord. She says she has verified this with a the
HOA's lawyer, recently, but she knew it before that.

Could this be true?


Why don't you call the city and ask them?


I don't think I could find someone who could answer the question.

If they meant it was a violation of a criminal law, I could call the
prosecutor I guess, but they probably mean it's a civil wrong, and no
one at the city is going to want to answer such a question.

A judge might know the answer, but he'll want to hear both sides of
the case in a hearing with witnesses. But I don't think he would
talk to me at all. His secretary will tell me to consult a lawyer.

I think the customary way to learn how to run a HOA or condo assn. is in
learning from mistakes! Typical board members are those who want to
control every detail to conform to their own idea of what is "right",
and go overboard in rules enforcement...generally are poor planners and
make issues "personal".

I would NEVER approach an owner to ask about overdue fees or
assessments, no matter what .. that makes it personal. Your management
company can send a letter, certified mail, whenever there is a
delinquency or rules violation. The cost can (or should) be added onto
the amount due. That matter should be in your bylaws. A HOA is not a
club, it is a business. In Fl., condo associations are "corporations
not for profit" (usually) and are governed by rules pretty close to
those for corporate boards in business.

If your units have water meters, why is the HOA collecting the fees? If
they don't have meters, why not get them? Then the city can collect and
shut off the water if not paid. Too many other things to **** about
than to go for years with unpaid bills )