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  #1  
Old 03-17-2009, 06:00 PM
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Homeowner's Association Issue Regarding Utilities

Colorado Springs Co.

We are the contracted management company for a homeowner's association that includes electricity for the owner's units in with their monthly assessment. So the utilities are in the association name, not the unit owners. What rights if any do we or the Board of the association have to shut off electric due to non payment of that portion of their assessment and what liabilities does that open us up to? The Board is requesting this as a more rigid effort to collect than filing an assessment lien. We (management) want nothing to with it or be indemnified if we execute.

ThanksWhat is the name of your state (only U.S. law)?
  #2  
Old 03-17-2009, 06:05 PM
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Originally Posted by jyoneoka View Post
Colorado Springs Co.

We are the contracted management company for a homeowner's association that includes electricity for the owner's units in with their monthly assessment. So the utilities are in the association name, not the unit owners. What rights if any do we or the Board of the association have to shut off electric due to non payment of that portion of their assessment and what liabilities does that open us up to? The Board is requesting this as a more rigid effort to collect than filing an assessment lien. We (management) want nothing to with it or be indemnified if we execute.

ThanksWhat is the name of your state (only U.S. law)?
What does your corporate attorney say? (that's a pretty big hint)
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  #3  
Old 03-17-2009, 07:21 PM
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Location: Catatonic State
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Originally Posted by Zigner View Post
What does your corporate attorney say? (that's a pretty big hint)
**A: the legal opinion needs to come from the HOA attorney, not the attorney for the property management firm that the OP works for.
  #4  
Old 03-17-2009, 07:32 PM
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Originally Posted by HomeGuru View Post
**A: the legal opinion needs to come from the HOA attorney, not the attorney for the property management firm that the OP works for.
I don't disagree - I just believe that the property mgmt company ALSO needs to have their corporate legal-eagle involved in this.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 03-17-2009, 08:13 PM
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Originally Posted by Zigner View Post
I don't disagree - I just believe that the property mgmt company ALSO needs to have their corporate legal-eagle involved in this.
**A: why spend the money? The HOA attorney should have the answers and thus the HOA should pay for the legal advice not the property management company.
  #6  
Old 03-17-2009, 08:14 PM
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HOA Issue

Believe it or not the Association Attorney has never had this issue which is why I thought I'd put it out there
  #7  
Old 03-17-2009, 08:16 PM
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Originally Posted by jyoneoka View Post
Believe it or not the Association Attorney has never had this issue which is why I thought I'd put it out there
**A: ok, then he/she needs to read the HOA by-Laws and other HOA docs, as well as the CO law governing HOA properties.
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