Non Payment of Condo Association Dues
What is the name of your state (only U.S. law)? Hawaii
Kailua Village Condo Association (KVCA) bylaws provide that a condo owner's refusal to pay association dues may cause his electricity to be disconnected. We reason that since the power lines pass thru common walls, the condo owner must pay his "fair share" usage of the common walls. (The Hawaii Landlord-Tenant Act forbids a Landlord from shutting off tenant's power for non-payment of rent. We reason that his is not applicable since KVCA is not the landlord, and the condo owner may or may not be the condo tenant.) Do the KVCA bylaws violate any other Hawaii laws regarding this problem?? Thank you
Milt Sylwester (KVCA Board Of Directors)
75-5766 Kuakini Hwy #206
Kailua Kona, Hawaii 96740
added clarification to all the responses
In cases where the "delinquent" condo owner is renting to a tenant, the condo association already collects the rent directly from the tenant, per Hawaii Landlord-Tenant Act. However, in most cases the condo owner occupies the condo and there is no rent to collect. In all cases, the condo owner pays for his power directly to Hawaii Electric Company (HELCO). All condo units have individual HELCO power meters, and all meters are located within the condo association's "electric supply room". Since the condo owner's power traverses from the HELCO power meter to the condo owner's unit VIA THE COMMON WALLS, we argue the condo owner is not entitled to utilize that which he is unwilling to pay his "fair share". Again, the Hawaii Landlord-Tenant Act forbids only a Landlord disconnecting power to a tenant, but does not address (nor apply) to a condo association disconnecting power to delinquent owner. Question: Does anyone know of any legal ruling anywhere (but hopefully Hawaii) which addresses the issue of a condo association disconnecting power to a delinquent condo owner's unit?