HOA Liability

[htimsl]

What is the name of your state (only U.S. law)? Georgia

This question concerns a situation I am familiar with.

My HOA makes it a practice to shut the water off of residents who are more than 30 days late on their HOA dues. A practice which I personally do not agree with but one which the board is quite happy to enforce without any consideration to the residents.

A neighbor who has been out of work and fell behind on her HOA payments had her water cut off as well as her electricity in the last few months. She has been trying to get back on her feet and only spends infrequent times at her home...

Unfortunately she was using some kind of candles in her home last week and what the fire investigation has shown to be an accident has destroyed her home by a fire that could have been easily extinguished had she had access to water in her home... of course she would have not been using candles I suppose if she had electricity...

My basic question is whether or not the HOA has any liability in this situation? personally I think cutting off someones water while they still live in the house legally makes them liable for consequences such as this... I suppose her homeowners insurance will take care of the damages but I think the insurance company should pursue some action against the HOA...

thoughts?What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

You would need to investigate your local building codes for a good answer to whether the home could have been considered uninhabitable and whether the HOA violated any laws. If she had a properly charged and rated fire extinguisher, the utilities probably would not have been an issue. If she had properly used the candles, it probably would not have been an issue. Logically, one could argue people successfully used fire for interior lighting, for centuries.

 

[moburkes]

The water company will turn off your water for non payment as well. Do the bylaws mention what happens when you don't pay?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Georgia

This question concerns a situation I am familiar with.

My HOA makes it a practice to shut the water off of residents who are more than 30 days late on their HOA dues. A practice which I personally do not agree with but one which the board is quite happy to enforce without any consideration to the residents.

A neighbor who has been out of work and fell behind on her HOA payments had her water cut off as well as her electricity in the last few months. She has been trying to get back on her feet and only spends infrequent times at her home...

Unfortunately she was using some kind of candles in her home last week and what the fire investigation has shown to be an accident has destroyed her home by a fire that could have been easily extinguished had she had access to water in her home... of course she would have not been using candles I suppose if she had electricity...

My basic question is whether or not the HOA has any liability in this situation? personally I think cutting off someones water while they still live in the house legally makes them liable for consequences such as this... I suppose her homeowners insurance will take care of the damages but I think the insurance company should pursue some action against the HOA...

thoughts?What is the name of your state (only U.S. law)?

**A: read the HOA docs. The Board may be within their rights to shut off utilities for non payment of HOA expenses.