Is it legal for an HOA to have your water shut-off due to non-payment?

Asked about 2 years ago - Aurora, CO

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Due to my employment situation, I am 1 yr behind on the HOA dues of my townhome. In my HOA's doctrine, It's says they have the right to shut-off my water, then charge me an additional $2000 to turn it back on. I understand that they can put a lien on your property, but is it legal to shut your water off? Especially when water only cost about $48 a month.

Attorney answers (2)

  1. Licensed in CO

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    Castle Rock Appeals Lawyer
    Contributor Level 13

    Answered March 21, 2011 10:50. The HOA by-laws and covenants control what it can do to enforce collections of fees. It would be extremely risky to challenge the by-laws and covenants because CCIOA provides that the winning party in any lawsuit to enforce them can recover attorney fees from the loser.

    When the provision is clear, such as this one, your chances are less than 1 in a million. You would have to convince a court that the penalty on the water and reconnect fee is so outrageous that it should not be enforced. I've never seen a court buy that argument.

  2. Myrtle Beach Criminal Defense Attorney
    Contributor Level 12

    Answered March 19, 2011 22:14. You agreed to the terms (bylaws) when you bought the property. If the document states that they have the authority to do this, then they do. HOA's suck.

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