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Homeowner's Association Issue Regarding Utilities

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jyoneoka

Junior Member
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.

Thanks:confused:What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
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.

Thanks:confused:What is the name of your state (only U.S. law)?
What does your corporate attorney say? (that's a pretty big hint)
 

Zigner

Senior Member, Non-Attorney
**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.
 

HomeGuru

Senior Member
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.
 

jyoneoka

Junior Member
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:)
 

HomeGuru

Senior Member
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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