Can they legally cut off the water?

RIVERVIEW - It has become a trickle-down effect—more and more homeowners and renters are failing to pay their dues to homeowner's associations.

The tough economy has put them in a position of choosing what bills they should pay, and many times, the associations are left high and dry.

Sarah, who did not want her last name used, is months behind on her associations dues. So in response to her and other delinquent owners, the RiverWalk Townhome Association passed an amendment to their convenants that allows the board to cut off water or cable to those who fail to pay.

The Association followed through, cutting off Sarah's water three weeks ago. Since then, she's had to buy bottled water to cook with or bathe with.

Court Terrell is a real estate attorney. He said more and more, homeowner and condo associations are being affected. And with an already tight budget, it has hurt them considerably.

"We're running into 50 percent, 75 percent delinquency, you can not cover that. There's just not enough fat that you can trim out," said Terrell.

Terrell says that if associations don't aggressively go after delinquent owners, it's unfair to the rest of the community.

"It's unfair fundamentally to continue getting water through the association and not pay for it," he said.

The question is, it legal to cut someone's water, because they haven't paid their dues?

Nicki Fernandez, a real estate lawyer, says it is not legal, and is now representing Sarah.

"There's a deliberate action by the homeowner's association that's not only illegal, but they're trespassing on her property," Fernandez stated. "They're taking rights away from her that are under the constitution and they're also violating Florida laws."

Other lawyers say there's never been a case like it, so no one really knows.

"The association amended their declaration to allow the utilities to be cut off. They're pursuing that. Will that carry the day? It will be interesting to see," Terrell said.

Part of the issue in Sarah's case is her townhome doesn't have an individual meter, so she's required to pay the association through her monthly fees.

If she lived in a single family home, Hillsborough County would have shut off the water after 2 ½ months delinquent, unless they work out a payment plan.

Michelle Van Dyke, with Hillsborough County Water Resource Services said it poses a problem for HOA's.

"That illustrates the problem these homeowner's associations are having, that's why we have the leeway to work on an account-by-account basis. We don't want to penalize the people who are paying and who are doing the right thing," Van Dyke said.

Terrell said those who do pay, end up paying more to cover their neighbors.

"But then you're asking everybody else who's doing the right thing, to pay for the people who aren't. So you've got, for a lack of a better word, freeriders, riding the coat tails of the people doing the right thing."