Legal Question in Credit and Debt Law in Georgia
My neighbor home owner association dues that pay the water bill is up to date, but the board decided to give us a special assesement to have a fence put up. Since my neighbor is unemployed and did not have the money, they have cut her water off. Can they cut her water off when her dues to pay this is up to date and only the special assessment is not paid.
3 Answers from Attorneys
Maybe yes and maybe no. That depends on the language of the recorded covenants and by laws which you and she have and we do not have.
Depends on what the covenants say. Read your covenants. I don't know how much the special assessment was, but your neighbor needs to work out some kind of arrangement. HOAs get special rights and usually unpaid assessments are a lien on the property. They might even be allowed to foreclose on their lien if it is not paid (although I have not researched the GA HOA law on this subject recently). My point is that this is serious and your neighbor needs to get this resolved.
They can't shut off her water unless she owes $750.00 or more and have obtained judgment as such from a court. Pursuant to OCGA 44-3-7. The HOA will not be required to turn back the water until the amounts due are paid in full.
Feel free to contact me if you have anymore questions.
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