My question involves a consumer law issue in the State of: California
I'm on my condo HOA Board of Directors. We have one water meter for an 18 unit building and the bill is paid from the dues. Our Manager sent a plumber to inspect all units for water leaks due to a water bill 250% higher than usual. An elderly owner was found to have a constantly running toilet which was her responsibility to repair. Plumber wanted to shut off the toilet at the valve as she had a second toilet. She refused saying the other toilet was shut off months ago because that one had also been running. Plumber offered to repair toilet(s) for a reasonable fee, she refused, saying she would hire her own plumber. Eight hours later a Board member asked her if her toilet was fixed, she replied she hadn't yet called a plumber. Two days later she did have her toilets repaired. She seems to have mentally deteriorated and may no longer be able to care for herself without assistance. Legally can the HOA fine her for the water bill amount in excess of the usual bill? It comes to $7,500. Hers was the only leak found and the plumber isolated the leak, proving that was the only leak and took a video of the churning toilet. Our CC&R's state that all plumbing off the risers are the owner's responsibility to maintain. Elderly owner told the plumber and two Board members that her leak had gone on for over 3 months. If we cannot fine her, could we successfully sue her?
I'm on my condo HOA Board of Directors. We have one water meter for an 18 unit building and the bill is paid from the dues. Our Manager sent a plumber to inspect all units for water leaks due to a water bill 250% higher than usual. An elderly owner was found to have a constantly running toilet which was her responsibility to repair. Plumber wanted to shut off the toilet at the valve as she had a second toilet. She refused saying the other toilet was shut off months ago because that one had also been running. Plumber offered to repair toilet(s) for a reasonable fee, she refused, saying she would hire her own plumber. Eight hours later a Board member asked her if her toilet was fixed, she replied she hadn't yet called a plumber. Two days later she did have her toilets repaired. She seems to have mentally deteriorated and may no longer be able to care for herself without assistance. Legally can the HOA fine her for the water bill amount in excess of the usual bill? It comes to $7,500. Hers was the only leak found and the plumber isolated the leak, proving that was the only leak and took a video of the churning toilet. Our CC&R's state that all plumbing off the risers are the owner's responsibility to maintain. Elderly owner told the plumber and two Board members that her leak had gone on for over 3 months. If we cannot fine her, could we successfully sue her?
Condo Owner Has Running Toilet for 3 Months, High HOA Water Bill
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