Non-Paying HOA Member

[HOCKEYSAM]

We have a very small HOA. It is 8 units in townhome style condos. One of our homeowners is two years behind on her dues. They have lived in their unit for 13 years, and are well aware of the HOA fees. We have common water that is paid with the HOA fees. Since they aren't paying there HOA dues, can we turn off there water? We asked the city, and they said that since the water came onto our property in one line, and then split to each unit, they couldn't offer us any advice. We have had attorneys track down the tennant and garnish wages only to have them change jobs. We have placed leanes on the property, but unless they sell we wont see a penny. Our HOA is really hurting because of this and we can't afford to keep paying attorneys for what we have received in return. The tennant has the money, they just don't want to pay. We think that if we can turn off their water, that will be enough incentive to start paying again, but we can't get a straight answer from anyone if it is leagal. Please help.

 

[Duranie]

You really need to check with an attorney.

Also some states you can take foreclosure action. You can also ask that the homeowner be responsible for your legal fees, its likely you will be awarded them.

 

[HOCKEYSAM]

Duranie,
Thanks for the reply. We've actually looked into foreclosure. But, with the way the housing market is here, we're afraid that the HOA might not be able to sell within a reasonable timeframe. As much as we need the incoming HOA fees, we don't need to pay a mortgage on top of it.