Can ourHOA shut off our water in the middle of winter?

UPDATED: Feb 10, 2012

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Can ourHOA shut off our water in the middle of winter?

Everything in our home requires water, including our heating system. Though we are billed separately for water and maintenance, they have bunched it together. Also, can they bill a set amount without checking meters and home usage?

Asked on February 10, 2012 under Real Estate Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under certain circumstances, your HOA can shut off your water in the middle of winter legally. Examples would be for repairs and maintenance.

You need to carefully read the recorded covenants, conditions & restrictions on the property you are writing about as well as other approved rules by the HOA to allow group billings or not and whether actual usage versus a flat fee billing is allowed.

I suggest that you consult further with an attorney who practices law in the area of planned unit developments such as the one you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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