Shutting off a homeowners’ water is an extreme remedy often used by Associations that like to use “self help” to cure an HOA account delinquency. The position adopted by this law firm is that HOAs have or should have an obligation to explore all alternative remedies, such as filing a lawsuit and proving the underlying debt, before taking the drastic step of shutting off life sustaining water to a unit. Many states codify this notion in their respective HOA laws, but because Georgia law often has many complexities regarding this issue, the answer to the question above is, “it depends”. If you live in a condominium where the association pays the water bill with your monthly dues, then the Georgia Condominium Act allows the association to cut off your water but only if they satisfy a few requirements:
1) The Association must obtain a judgement against you for at least $750.
2) The Declaration must provide the Association with the right to cut off water to your unit.
3) The Association must give proper legal notice.
If your HOA is not a condominium, then things can get a little tricky, and it is always best to contact an attorney to discuss the specifics of your unique situation.
Feel like your water was shut off unfairly? Contact this office directly at 404-522-0341 for a free phone consultation.