OT cutting off water for landlord/tenant

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Various others have various degrees of sound advice -- mine is similar but if I were on the Board and concerned (which I would be), the items of concern and actions I'd take include--
1. Someone else mentioned checking on all covenants of the board and its charter to ensure _you_ know what they say, not what somebody else says they say. This, fundamentally, is the best advice given and the other is that depending on state law where you are, it is quite possible you may be liable individually for any breach of rules/law as well as the board in general. The HOA _DOES_ have Directors' Liability policy, I hope? I wouldn't even consider serving on such a board if it does not.
2. If the laws/regulations are as being quoted, the attorney should be able to provide chapter and verse of which law(s) are being quoted and you should be able to ascertain whether it appears they really are or not. A second opinion here from either another attorney or simply the State AG's office or ombudsman if they have one wouldn't be bad idea. The idea of contacting a national association for HOA's is also an excellent one.
3. I would be _very_ surprised if there aren't rules against cutting off utilities to individual apartments even if the renter isn't the responsible party w/o notification. I understand the legal contract w/ the HOA is w/ the landlord, not the renter, but still I would be leery in taken unilateral action w/o notification.
4. In that regard, do the HOA rules prevent the notification to the other members of the Association of a total list of dues/fees outstanding? Is this not part of an annual report at least as part of the accounting of the Board to its members? If so, simply posting that notice would have the desired effect.
5. I also agree in principle that it seems the Board has been derelict in not collecting owed fees in a timely fashion and in taking a more proactive stance previously. I understand they're now attempting to do this, but figure this is the wrong way to go at it -- primarily, as you point out, for the most part it isn't the offending party that whose ox is being gored but a bystander. The question of whether the renter would choose to pay simply to retain service is an interesting one -- I don't see that the HOA would have much leg to stand on if the water assessment were paid even if the total wasn't...
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Non Scriptum, non est. Any time someone tells you somthing about the law that doesn't make sense, make them show you the law in question.
In this case, my suspicion is that it's not legal for you to be going after the tennant (who has no contractual relationship with you) for monies owed by the landlord.
But I'd be surprised if a simple notification that the water will be shut off in (say) 10 days was against the law.
IOW, I suspect that you can warn them, but not threaten them.
--Goedjn
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wrote:

" What is the Maryland Homeowners Association Act? The Maryland Legislature has adopted laws requiring disclosures to purchasers that a lot is located within a homeowners association for which fees must be paid; sets forth warranties; rules regarding meetings of the association; family day care activities and other aspects of homeowners associations. The Maryland Homeowners Association Act is codified and can be found in the Annotated Code of Maryland as part of the Real Property Article, Title 11B. The Act is refined by amendments from year to year. "
In NV the legislature has been getting involved in HOA abuse. Some HOA issued fines for parking on the street. The streets are public property and cannot be controlled by the HOA. One HOA that happens to be "gated community" has a friggin radar gun out to catch speeders. Because it is gated they are able to do this, because "the members want it".
HOA's went through this about Sat TV dishes, Rolladen shutters, etc.. The owners won and the CC&R were amended.

-- Oren
"I don't have anything against work. I just figure, why deprive somebody who really loves it."
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