Legal Question in Real Estate Law in Massachusetts
I am an owner in a 55 unit condo. Our water bill has been part of common expenses. We are investigating initiating sub-metering because our water usage has gone up by $30,000 over the past year. This is largely because some units have significantly more occupants. Those of us who live singly (and many are elderly women on fixed incomes) are being financially penalized and metering is our only recourse. Also, I was away for 5 months last year for a family emergency - no flushes, no showers, no laundry (and I don't have a washer/drier). This is NOT fair.
If we sub-metered, our condo fee would go down and we would get a water-bill which we would have individual control over. Right now, there is no incentive to turn off the water while brushing one's teeth, or in the middle of a shower, or flushing less frequently.
What could we do as penalty for someone who didn't pay their water bill to the Association? Is there a way to do something that would lower their credit rating? It is the Association that ultimately has to pay the Water Department so we want to make sure that everyone pays their share. Whatever penalty we set has to be something that would be persuasive.
And yes, we do have the right infrastructure. It would cost us roughly $700 per unit to get the job done.
1 Answer from Attorneys
If you go to sub-metering and the change passes in accordance with the by-laws and master deed of the Association, then each unit could be required to pay its water bill directly. If the Association is going to bill directly, then you treat it similar to the enforcement of condo dues and file a suit and then attach the unit or attach their bank accounts.
The best thing would be for everyone to get their own water bill and let everyone pay their own bill.
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