Follow-up disconnecting people's water.

Follow-up on my HOA disconnecting the water of a home with a tenant, when the HOA pays the water bill in one lump sum for the whole n'hood, from HOA fees paid by the individual homeowners.
It turns out it's not legal to do when a tenant lives there. At the HOA meeeting Sat. afternoon, those in favor of doing so "admitted" it to me.
For those who don't remember, I can no longer keep track of all the laws for collecting HOA fees in this state, and don't remember why this would be necessary, but my position was that one has to notify a tenant directly, and can't do this to him based on his landlord's failure to pay.
They claimed one wasn't allowed to notify him directly, but I don't think that is true either. No one, even on a different legal group, has given me a good reason why this would be true, but we get to ask quesions of our lawyer once a year at a meeting in the winter. I'll bet she will say it was never true, or maybe she'll even admit she was wrong (though that is not too likely. :) ).
At any rate, so as to not fight with them 3 months ago, I notified the tenant anoynmously within about 2 weeks of their voting to, in 30 days, disconnect the water. Here it is, about 101 days later, and no one has had any water disconnected! Not even houses occupied by the owners, which were all but one of them.
In an exaggerated sense of privacy, at today's meeting, they woudln't even discuss this when no names or addresses were mentioned, but as a board member, they still give me printed info. Before someone convinced them to shut up, they said that 6 owners had made no effort to pay the bill, including that landlord, but the typed, xeroxed sheet they gave me a half hour later tells a different story.
I should really find my previous quarter's paperwork before continuing, but IIRC the landlord owed over 1000 dollars. Now he only owes 250, which is just the second quarter, and being late 34 days on this third quarter (and no one is delinquent until over 30 days). So he is still behind but it's no thousand dollars.
Two of the other 6 also owe only 250, and I would never disconnect anyone's water for 250, but some of my neighbors would. "Teach a dog a new trick."
Then 3 of them owe over 2000 dollars and for 2 of the three we have legal judgements, and I presume we have liens. (The liens have to be renewed every couple years and we can't force a sale, but when they sell, we get paid, if we kept the lien active.)
The pres. said they were waiting for this meeting before disconnecting the water to these 2 or 3 or 6 houses, but there was no discussion of whether to do this, no motion, and no vote. Someone is lying or being stupid. At the last meeting, they first wanted ten days before disconnecting, and I insisted on 30, and now it's 101! If I had known it was going to be over 101 days, I wouldn't have bothered pushing for 30!
Tell your children to make a lot of money so they don't have to live in a n'hood like this. Not that people with more money are any less petty, or less obnoxious, but I assume some of this stuff wouldn't be happening. Maybe I'm mjust imagining it.
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Agree. When no names are mentioned, I see no privacy issue. It sounds more like a case of the board not wanting the community to know that their water shut off is a bluff.
Before someone

Why exactly can't you foreclose? Are you sure about this? Here in NJ you can foreclose for non-payment of any association fees, assessments, etc. It's clearly covered and spelled out in the Master Deed and I've done it Have you checked yours? It's possible the MD says you can't do it, or there may be some state law. But since you seem to have a problem with getting correct advice from the HOA attorney, I'd do some investigating.

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Thanks for the update. I remember your original post and have wondered what happened.
Not that I have any advice, but your story reminds me how happy I am to have moved out of an HOA and into an old neighborhood with no association. I drive through my old neighborhood once in a while and there are still some of the same cars parked in the visitor parking spots that I complained about four years ago. With the windows down, I can smell the dog poop piled in the common area next to my old townhouse. Yuck.

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On Sun, 05 Aug 2007 16:13:34 -0700, The Reverend Natural Light

You smell poo and see cars after four years?
Stay away from the area; best advice, I can offer!

-- Oren
"If things get any worse, I'll have to ask you to stop helping me."
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