[cjt4010]

I live in a mixed-use development and when the builder (John Wieland Homes and Neighborhoods - an EXTREMELY reputable builder in the southeast) installed the water meters, they were put INSIDE the garages (which have garage doors). The City provides the water but has no way of reading the meters so they have contracted with a third party to read the meters electronically and bill the residents.

It gets rather confusing but let me try and explain. The City bills the HOA for the entire amount used. When the third party bills the individual owners and payments are made to the third party, the vendor then reimburses the HOA less any contractual fees agreed upon.

Herein lies the problem. We have one resident that just refuses to pay his water bill and we cannot shut off his water for non-payment because the shut-off valve is INSIDE his property and the HOA has no access to this (legally). Even if we did, he could simply hire someone to come in and turn it back on for him. Since he doesn't pay his water bill each month to the third party vendor, the HOA is never reimbursed for his usage and consequently is running a shortfall each month because of this irresponsible homeowner. The HOA, of course, has to pay the City for the full amount!

Obviously, we have filed a lien against his property and have garnished wages. He's self-employed and can "hide" his wages so we can't get at them so that has run dry. He doesn't pay his HOA dues and we've garnished any bank accounts that we could to the point where he has closed all accounts that we can legally access.

He obviously has figured out that we can't shut off his water supply and therefore just refuses to make payment.

My question is this...

We live in Georgia. Are there other legal steps that we can take to force payment of over $1700 in unpaid water bills? Is there some point where this becomes an issue of THEFT since water is a commodity?

I'm looking for some ingenious ideas since we're at our wits end!

[ScottGem]

Doesn't the HOA have an attorney? I believe a case could be made for theft of services and at some point the amount will become a matter of grand larceny. I don't know what other services the HOA provides (community recreation, etc.) but he should have been suspended from all those as well.

If you can't get a prosecutor to charge him with theft and make it a criminal matter, then the only other alternative I can see is to dig up the pipe supplying his house and put a locking valve on it.

[oneguyinohio]

I like the idea of digging up the pipe outside. First pass rules that any fees associated with that type of work are the responsibility of the owner, and are to be paid before any services are turned back on, that all past fees must also be paid... you might also charge a premium on the services?

[ScottGem]

I hadn't thought about charging him for the cost of digging up and shutting off the pipe, but oneguy is right, you can pass along those costs to him. Of course you will have to do the digging in a common area (the street outside his house).

[JudyKayTee]

Doesn't the HOA have an attorney? I believe a case could be made for theft of services and at some point the amount will become a matter of grand larceny. I don't know what other services the HOA provides (community recreation, etc.) but he should have been suspended from all those as well.

If you can't get a prosecutor to charge him with theft and make it a criminal matter, then the only other alternative I can see is to dig up the pipe supplying his house and put a locking valve on it.

I don't know that shutting off his water doesn't create a dangerous situation/uninhabitable property for the homeowner and his family and subject the HOA to to a lawsuit. I think an Attorney has to address this; perhaps it can be done with proper notice. I don't think you can take the matter into your own hands.

I'd also wonder what the builder was thinking - ?

I am aware - I am in NYS - of a situation where a septic tank was on one property, 2 properties used it. Second party refused to pay percentage of maintenance and owner of the parcel where the septic was located simply cut the line leading into the tank. Second property was uninhabitable, person who did the cutting was found liable for a lot of money, including the usual claim of "this affected my health," which it may or may not have done, substitute lodging and so forth.

[ScottGem]

I don't know that shutting off his water doesn't create a dangerous situation/uninhabitable property for the homeowner and his family and subject the HOA to to a lawsuit.

I'd also wonder what the builder was thinking - ?

I am aware ... of a situation where a septic tank was on one property, 2 properties used it. Second party refused to pay percentage of maintenance and owner of the parcel where the septic was located simply cut the line leading into the tank.

I agree that this is a concern that needs to be addressed. But a utility has the right to shut off service for non payment. In this case, since the HOA is responsible for billing, I think it would be within their rights to cut off the water. Yes notice would have to be given and it should be a last resort, but I think they have the right.

I also wonder what the builder was thinking here.

As to the situation you sited, since this was a private individual they apparently acted precipitously. So I'm not surprised they were held liable.

[CaptainRich]

Somebody somewhere approved the drawings, signed the permits, completed the final inspection... nobody noticed the shut-off location?

Someone is at least guilty of neglect or complacency.