Curtailment of Services to Delinquents

[Ken]

Can electric and other services be legally curtailed to owners if they fail to pay their fees, assessments and other charges if there is a statement to this effect in the Rules of the condominium?

If this is legal, is there any requirement on how delinquent they must be before this can be done? Would 30 days, for example, be reasonable?

Can services be terminated to renters who don't pay their rent or other charges?
If so, does this need to be stated in the Rules of the condominium?

Thanks in advance for your response.

[MommC]

We have in our bylaws that 'common' services' may be suspended for units in arears of their condo fees.
In the past we have effectively cut off water service (paid for by condo fees) and restricted entrance to parking areas (common area -although not entirely 'legal' as common areas are partially owned by the whole and as such the 'delinquent owner' does have the right of use even if in arrears) and restricted access to pool and pool area (maintained by condo fees).

Hope this helps......

[Rocky]

Originally Posted by MommC

We have in our bylaws that 'common' services' may be suspended for units in arears of their condo fees.
In the past we have effectively cut off water service (paid for by condo fees) and restricted entrance to parking areas (common area -although not entirely 'legal' as common areas are partially owned by the whole and as such the 'delinquent owner' does have the right of use even if in arrears) and restricted access to pool and pool area (maintained by condo fees).

Hope this helps......

It may be in the bylaws but still be illegal.
It's possible that one could cut off generator service, but city power and water may be considered essential and illegal to cut off.
Best to check with a lawyer first.

[Ken]

Hopefully Fabio will answer soon so that we get the legal opinion that is needed.

[MommC]

Originally Posted by Rocky

It may be in the bylaws but still be illegal.
It's possible that one could cut off generator service, but city power and water may be considered essential and illegal to cut off.
Best to check with a lawyer first.

We didn't cut power.....just water and that was done by shutting off the valve to their unit. They still had access to the "city" water by utilizing the tap on the outside of the building on the ground floor so 'technically' they still had water!

[Fabio J. Guzman]

This is a bit complicated. The condo association should not have anything to do with each owner's own water or electricity supply since legally the sole purpose of the condo association is to take care of "common things" and of those things happening inside private units that affect the condo as a whole. Each unit, therefore, should have its own contract with the local utilities and the condo association should have a separate contract for the common areas.

The effective remedy against owners who don't pay their dues is collection and foreclosure under the expedited process provided by Condo Law #5038.