Utility services cut off by an adminstator

[PJT]

Fabio,

I would and suspect some of the DR1’ers would like to get your spin on the following subject.

It has been common practice when an owner or renter in a private residential or condo association is believed to be behind in paying maintenance fees for services and utilities the administrator will and without reasonable warning, if any; cut off utility services such as water or gas to the residence to force payment. Unfortunately, some of the cuts take place on weekends after the billing office is closed. Another variation of this behavior is the water bill is paid and the maintenance is not, but the administrator will cut off the water supply to get attention.

Two of my friends living under different administrators have been recent victims of this type of practice and it was unjustified. They both had been up to date in payments and had the receipts. The administrators were in error, their billing files did record recent payments of the friends.

Let’s just for the sake of argument say there is no contract between the parties stating the terms of payment other than a bill is sent from the administrator to the resident stating the billing amount and to pay on or before a due date.

What is a reasonable time to send a bill out before the payment due date?

What is the legal requirement of the administrator when a bill is behind to reasonably notify the resident that services will be cut off? An example of this is if a resident is behind 5 days or more, can the administrator cut service? How much notice does he give: none, 24 hours, or 5 business days?

What can a resident do or say to immediately return service, if service cut without reasonable notice or if service cut in error?

Another scenario of this behavior is residents will prepay bills when they going to be absent from their home for long length of time, months. During this absence the fees go up without notice. When the resident returns he finds no utilities and a past due bill.

What reasonable precautions do you suggest to prevent this?

Should victims of an unjustified cut off be compensated for loss of service? It will never happen, but PJT is asking anyway.

Regards,

PJT

[PJT]

PJT again.

Regarding the previous post from me. A edit needs to be made regarding "The administrators were in error, their billing files did record recent payments of the friends" The edit should be "did not record"

Please note: DR1 may have already corrected the error in the post, if so please disregard this post.

PJT is off to a good sleepy start this am!!!!!!

[catcherintherye]

It is difficult to respond to your scenario, since all circumstances are different, and all condo association have different rules, with different administrators, who behave differently with different clients.

However, to respond in general terms, I suspect it is always better to build a friendly relationship with the administrator to begin with. Set up lines of communication with the administrator, and encourage an ongoing dialog.

With some administrators that is easier to do than with others, obviously. But every administrator wants things to run as smoothly as possible, so it is in their best interest to keep the lines of communication open and to establish good relations with the owners.

I would try to foresee any pending problems, and perhaps keep a balance in my account to cover any situations which might occur in my absence. At the same time, I would make sure the administrator had my cell number, and make it clear I want to be informed if anything needs my attention.

Administrators can always be held responsible for mismanagement, and they are hired and fired by the association, so you and the other owners do have have ultimate power.

Depending on the size of the association, and the politics involved, it might take some hard-ball lobbying to get an administrator fired, but it is certainly possible to do, and should be done in cases like the ones you described.

[catcherintherye]

Sorry, I just noticed you had addressed your question solely to Fabio.

Just disregard my response.

[PJT]

Catcher,

PJT appreciates your response and it is right one should establish a good relationship with administrators. Goodwill always benefits everybody.

Yet, when administrators are irresponsible and abuse their clients, the clients should be armed with a legal defense to defend their rights against this abuse.

Regards,
PJT

[Mack]

PJT,
I must assume that you posted to the forum otherwise you would have PM'd Fabio?
That being the case....I'm very interested in any input posters care to share.

It is difficult to respond to your scenario, since all circumstances are different, and all condo association have different rules, with different administrators, who behave differently with different clients.

Catcherintherye have you been out drinking with Sr Guzman lately? You're starting to sound like him
You sounded more like your usual self in the next paragraph though.

However, to respond in general terms

Mack.

[Adrian Bye]

I think you are forgetting who pays the adminsitrators salary. The administrator works FOR the tenants and must keep them happy.

I'd work with other tenants in the building to get the administrator replaced if you were truly not at fault. With that said, I've never experienced anything like this in the DR.

[PJT]

Note from PJT: The scenario that is mentioned above the administrator exists as the owner/operator/self appointed administrator of the gated residential area where the private properties exist. He is not someone the residents hired.

Regards,
PJT

[Fabio J. Guzman]

This is a condominium issue, not a contractual one. It is governed not by the individual owner's contract when the condo was purchased, but by the condo regulations which are applicable to all.

What do the condo regulations say about cutting off the electricity for non-payment of condo fees? If nothing is said, the administrator cannot legally cut you off at will.