HOA Experts - how much effort is this worth?

[y4m]

We bought a former model townhome in a new community - closed in mid-feb.  The MLS listing says: "Lawn Care (Front) Included, Sewer Included, Snow Removal Included, Trash Removal Included, Water Included"  There's an HOA, but it's still run by the builder because we are still under construction.

Before closing, they gave us a list of utilities to move to our names - electric, gas, trash (just to get the bins, not for payment).  Water was not listed.

Now we've been here a few months, and over the weekend I got a forwarded water bill from the builder that says I need to transfer the water bill into our names.  When I called the builder about it, they said their intent was that the condos have their water included but that the townhomes do not.  So basically that their MLS listing was incorrect.  I have all our initial contract documents, closing documents, and the bylaws of the HOA and none of them list out exactly what is included.  The only lists I have are the MLS listing and the list of utilities to transfer from our closing letter--both of which indicate water is not our responsibility, either directly or through omission.

Is there another formal document I should be looking for that would list this?  Should I just pay it?  It's probably like a $400 difference per year, based on this statement.

[vanillacourage]

I would pursue it.  You could potentially file a claim against the REA's professional malpractice insurance.

[livinitup]

What would happen if you said "No, I'm not putting this bill in my name"? What would happen if they stopped paying any of the other things listed in MLS, like trash?

[ijack]

I'd definitely pursue it.

[Deleted]

Just FYI - water and sewer are billed separately in Alex City now, so you'll have a quarterly sewer bill too that's equal (if not more) than your water bill. So it's more like $800, not $400 (unless the builder is covering sewer).  ETA:  Nevermind.  I see "sewer included" (although I think that's from the listing that also says "water included").  It would be so odd to me that water is not included, but sewer is.  And I have to think that's going to get screwed up.  Even though they're billed separately, I'm pretty sure the sewer company gets its info from the water company. 

[y4m]

The list I have (in addition to the MLS) is from a settlement letter they sent us before closing. Here's what date we'll close, here's how much money you'll bring, make sure you change the following utilities to your name (electric, gas, city sanitation for trash cans) or we reserve the right to cut them off.

BirdGirl - the bill is from a company called Virginia American Water. So maybe we're not on the city water? I don't know...

[Chirp]

The MLS listings are always a mess in my area. I could give examples, but the list would be really long. I'll just say they can't even get the number of bedrooms and bathrooms right.

[Deleted]

May 13, 2013 10:25:18 GMT -5 y4m said:

The list I have (in addition to the MLS) is from a settlement letter they sent us before closing. Here's what date we'll close, here's how much money you'll bring, make sure you change the following utilities to your name (electric, gas, city sanitation for trash cans) or we reserve the right to cut them off.

BirdGirl - the bill is from a company called Virginia American Water. So maybe we're not on the city water? I don't know...

Virginia American IS city water.  They just switched billing for sewer to Renew Services, or something like that.  It used to come all on the Virginia American bill.  There was some issue with American Water not wanting to be the billing vendor any longer so now they bill sewer out of Ohio with a different company - don't ask.  The sewer bill is a PITA.  I set up automatic billing and just hope for the best.