Turning off Utilities of Members

Some CC&Rs and cost sharing agreements permit associations to turn off utilities when owners become delinquent in paying their share of utilities. Such provisions are unenforceable and illegal in California.

California's Supreme Court has determined that associations are "for all practical purposes a landlord". (Francis T v. Village Green). Under landlord-tenant law, landlords may not willfully cause, directly or indirectly, the interruption or termination of utility services to a tenant's residence with the intent to terminate occupancy. Utilities covered include but are not limited to, water, heat, light, electricity, telephone, gas, elevators and refrigeration. Cable TV does not qualify as a utility.

Pacific Association Collections