Fire hydrant water bills remain unpaid

UPPER FREEHOLD — The township attorney disagrees with a local attorney representing a homeowners association as to who should pay water bills for Heritage Green fire hydrants.

Chris Florio, an attorney who serves on the homeowners association board of Heritage Green, attended the Feb. 4 Township Committee meeting. He said the homeowners association keeps getting water bills from Aqua New Jersey, and has concerns that the company may shut off the water to the hydrants if the bills remain unpaid.

In Upper Freehold, only the Heritage Green and adjacent Four Seasons housing developments have public water, while the rest of the town relies on wells.

Township Attorney Granville Michael Magee said that former Township Administrator Barbara Bascom sent letters to the homeowners association in October 2009 and January 2010. The letters refer to a developer’s agreement dated Oct. 15, 2000, that states that Heritage Green is responsible for water and sewer payments.

At the Sept. 3 Upper Freehold Township Committee meeting, Chief Financial Officer Dianne Kelly, who is now also the township administrator, said that Heritage Green was one year behind in paying the water bill. At that time, the bill was $4,400.

At the recent meeting, Kelly reiterated her belief that the bill is the responsibility of Heritage Green. According to Florio, the bill is now over $7,100.

Florio said that the hydrants are in the township-owned right of way, and that he would like to see case law stating that the homeowners association is responsible for something it does not own. He said the developer’s agreement is not sufficient, and that Heritage Green does not qualify as a private community because it has public roads. Florio suggested meeting with the township attorney and governing body to discuss the issue.

Magee said that the developer, K. Hovnanian, had to meet certain conditions, and that Florio is saying that the homeowners association was not a party to those conditions and should not be bound by them.

“When you buy a house, you are subject to all conditions,” said Magee, adding that homebuyers get that information at the closing.

Magee said that Florio wants him to research the law and have the township pay for it. Florio said he has not found case law that states Heritage Green would be responsible for payment.

Mayor Stan Moslowski Jr. said that sidewalks are also located in the townshipowned right of way, but are the responsibility of homeowners to clear and repair. He said he does not think a water company would shut off water to fire hydrants.

“It just doesn’t happen,” he said.

Committeeman Bob Faber asked why fire hydrants had been placed in the development in the first place, and Magee said they were part of the developer’s agreement.

“If the developer had not agreed, we wouldn’t have put them in there,” Faber said.

Magee later noted that if the water company shut off the water to the hydrants, Heritage Green would have the same fire protection as the rest of town besides Four Seasons.

Committeewoman Lori Horsnall Mount said that statute only requires the township to provide the same protection available to the rest of the residents.

The parties involved in the issue decided to meet, possibly with Aqua New Jersey. Magee said they would meet in executive session, as the matter could potentially involve litigation from one side or the other.