Legal Question in Real Estate Law in Florida

Private sewer assessments and service

I live in a subdivision that has a private sewer treatment facility. I pay a monthly fee for this service. My question is related to late payments. Does the sewer treatment facility have the right to shutoff the sewer line from my home to their main line if I am late in paying? I assumed that this violated health ordinances and that their recourse should be the same as any other credit problem. i.e. lein on property etc.


Asked on 6/17/99, 6:08 pm

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Private sewer assessments and service

The answer to your question is going to depend almost entirely upon the planned unit development and private sewer authority documents filed in the land records together with local law. Generally, if (1) you are required to maintain utility service in order to comply with code, and (2) your non-payment results in disconnection of the service, AND (3) you remain in the property, it will be your continued occupancy that is a code violation, not the service termination.

This is a general discussion of legal principles; I can't give legal advice without consulting the client and reviewing all documents.

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Answered on 7/09/99, 9:47 am


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