Can our Dover HOA shut off water to a member for non-payment?

Additional Information:

Can a home owners association shut the water off to one of it’s members for non-payment of its dues for a shared well?  One member in our Dover condo building owes back fees of over a thousand dollars for their part of a shared well.  Can the HOA legally shut off their water for non payment?

Attorney Answer:

Unless the organizational documents for the association provide that water can be shut off for non-payment of dues, the answer would be no.   However,  the association may be organized as a condominium, which would provide the association with the right to recover the past dues along with attorney’s fees.   In that instance quite often the homeowner’s lender ends up paying the delinquent charges.   An attorney is best consulted to address the precise steps that need to be taken.

Attorney Alan Fanger is a Massachusetts condominium litigation lawyer. He serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, Middlesex County and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.

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