Delinquent Members Lose Right to Service, Vote
Delinquencies in paying one’s water rates may result in a loss of service, and
your tap being turned off. State law authorizes ditch companies to withhold water
until all assessments are paid. See C.R.S. § 7-42-104(3). MMWC's Articles of
Incorporation provide that "[t]he corporation may refuse to provide service to any
member who is delinquent in paying any assessment, charge or other debt to the
corporation, and may refuse to recognize and treat as a member any transferee of a
membership until all delinquencies of the transferor have been paid." See MMWC Art.
of Incorporation, at ¶ 5. MMWC's By-Laws, at Art. VI, § 5, provide that "[a] Member
or non-member customer shall not be entitled to water, water service, to vote at
meetings of members, or to be a director or officer until he/she has paid all
delinquent assessments or charges...."
Moreover, delinquent members are not entitled to vote on matters presented
before the membership. Art. II, § 10 of the By-Laws provides: "No member who is in
violation of the Articles of Incorporation, these By-Laws, or rules and regulations of
the Corporation, or whose membership is delinquent shall be entitled to vote at any
regular or special meeting of members."
Copyright © 2009-2011 MMWC Director Eric W. Cernyar