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Can the president of my HOA water common areas from a hose bib on my building?

Hoffman Estates, IL |
Filed under: Real estate

I live in a 12 unit condo building. The HOA president lives in a townhouse. Our building has an association with shared utilities (gas and water) The townhouses have their own utilities. 3 years ago we had shrubs planted and our building followed landscapers recommendations to water a few times, but it hasnt stopped

Last year the Pres of HOA put in soaker hoses and continues to water those bushes from our buildings hose bib whenever she wants. I asked her if the board has approved this, she said " of course" Of course I know she is lying so this year as she hooked up the hoses again, I asked her to send me the terms of the watering agreement. She is now unresponsive. Twice I asked for the terms.
Does she have the right to use our water to common areas. How can I stop her? Thanx

There are 3 associations in our complex. 2 condo buildings and 1 row of townhouses. There is NO irrigation system for the common area. The bushes are in the common area. I have lived here 13 years and up till 3 years ago, we never watered anything. The buildings pay their own utilities as does the individual townhouse owners. One of the townhouse owners who is the president of the HOA is the one that started watering for the newly planted shrubs as the landscapers recommended, using our water, but has never stopped. It is just our building that is watering. Her hose bib is just as close. I asked her if this was board approved, she said "of course" But she lies constantly. So I asked her to send me a copy of the agreement, to see if we are being compensated and she will not respond to requests.

Attorney Answers 3


  1. Best answer

    1. Someone must determine how water is metered.
    2. Someone must determine whether this hose bib is dedicated to your building, or is common.
    3. Someone must look at the condominium documents.
    4. Someone must look at the HOA documents (there may be an additional declaration that governs the relationship between the condo and the townhomes).
    Start with an "attorney" as that someone, because if you are not getting answers there are specific statutes that require the association to give you them and if they don't can be taken to court.


  2. I am having a little trouble following the facts here. Are there two associations? If so, and this individual is using water paid for by one association to benefit another association, then there is a problem. If there is one association, it seems like it would be a wash (pun intended).

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


  3. Are the bushes on condo or townhouse property?

    Please note that this answer is for informational purposes only and should not be construed as legal advice or an offer to form an attorney-client relationship. It is always advisable to seek the help of an attorney licensed in your state before proceeding on any legal matter. Please feel free to contact me with the information listed below. Good luck! Napleton Law, Ltd. 312.255.0115 jerry@napletonlaw.com www.napletonlaw.com

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