Charlotte Condo Leaders Cut Off Water To Non-Paying Members
http://www.wral.com/news/6895394/detail.html
UPDATED: 8:38 am EST February 10, 2006
CHARLOTTE, N.C. -- A condominium association empowered by a new state law squeezed two homeowners who haven't paid more than $2,000 in dues by turning off the water to their units.
In what may be the first such effort in North Carolina, The Princeton at Southampton owners' association cut off the water supply to both condos to force payment of homeowners' dues after dozens of notices and a certified warning letter, association president Michael Kan said.
"We thought this was better than kicking them out of their houses onto the street," Kan said. "It's also quicker and saves us money."
The tactic became legal last month when legislation governing the state's 13,000 homeowner associations went into effect, said attorney Richard Vinroot, who advises the association. The statute allows associations "to suspend privileges or services" for a homeowner who falls more than a month behind in paying dues.
North Carolina attorneys who specialize in homeowner association law said they know of no other places in the state where services have been cut off. One said she would advise against the practice.
"If landlords can't cut off people's water if they don't pay their rent, I don't think associations should either," said Tina Pace, a Raleigh attorney who specializes in homeowner association law. "If someone isn't paying rent, you evict them. If they're not paying dues, you foreclose on them."
But filing for foreclosure can be time-consuming and expensive, Kan said. A foreclosure would cost the association at least $1,000. It cost the group about $300 to cut off water, which will be charged to the delinquent homeowner.
The delinquent Princeton at Southampton homeowners each owe more than a year's worth of the community's $112-a.m.onth dues. Three other delinquent homeowners paid up, Kan said, after learning their water could be cut off.
One of the homeowners whose water was turned off, Greg Gulledge, said he hasn't paid his dues for more than a year because the association hasn't replaced a missing shutter on his condo. The other homeowner could not be reached Thursday.
Kan said the association first heard about the shutter this week and a work order has been placed.
Having no water won't get Gulledge to pay, he said.
"Why should I pay for services I'm not receiving?" he said. "I won't let them take my house, but I'll live without water for a while. If I have to call a water company to bring me 50 bottles a day, I'll do it."