Kennesaw, GA asked in Criminal Law, Collections and Landlord - Tenant for Georgia

Q: My HOA put a padlock on my water supply for delinquent fees, we have since paid all of the outstanding balance but they

will not put the water back on for another 8 hours. They said that if we remove the padlock they will prosecute us under OCGA 16-8-5. The statute says "with the intent to avoid payment". Could we be prosecuted under this for turning our water back on, since we have already made all payments?

1 Lawyer Answer
David Edward Boyle
David Edward Boyle
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: If you remove the padlock by cutting it off you will have committed criminal trespass, in that you intentionally damaged property belonging to another in an amount less than $500, which is a misdemeanor offense.

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