Can I hold back my HOA dues to force the board to perform needed repairs and maintenance?
by 
Bannanie
ANSWERS: 8
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No, however you can sue (with good cause). The law requires that you be "out" money in order to sue for it.
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I have a similar question... I was told that I could send my payments to the Courthouse on hold for my association until I allow the funds to be release once I am satisfied with the services... This way it shows I am willing to make payment and have but you wont see the money until I'm satisfied... Has anyone ever heard of anything like this...?
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The answer all depends on the laws of the state that you live in. Unless the repairs are considered a safety risk usually you cannot legally withold your dues. If the repairs do fall within the aforementioned category the HOA or landlord should be noticed of the violation and be given a reasonable amount of time to make the corrections. The "reasonable" part all depends the nature of the violation. If the HOA or LL fails to complete the repairs within a reasonable amount of time then you may sue requesting a court order that would permit you to place your dues into an escrow account in addition to making a request for a court order to force the association or LL to perform. If the repairs do not meet the above criteria, you can still sue for a court order to force the associatoin to perform. Whether or not you will win all depends on the merits of your case. Good luck
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Yes, this is an option, but in order to do this you need to file with the court, as I previously described in my first post. "If the HOA or LL fails to complete the repairs within a reasonable amount of time then you may sue requesting a court order that would permit you to place your dues into an escrow account." However you CANNOT just arbitrarly stop paying the LL or HOA simply because you deem you have cause. This is for the courts to decide.
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Not unless you wish to risk foreclosure over a minor disagreement. Laws will vary by jurisdiction, however, you may file a lawsuit to effect repairs, if necessary. Please try attending the next HOA meeting to discuss your grievances as the first step in the right direction. Good luck.
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Regardless of what the other posters claim, you DO NOT need to be out money nor are you at risk of FORECLOSURE in order to make a claim against the association or LL due to their failure to perform. So long as you file your complaint with the court and continue to deposit your payments in good faith in a court ordered escrow account. I bet if you just even threaten your association with this action they will take care of the issue. The HOA just as much as the residents are obligated to provide certain services under the terms of the contract that you agreed to when you purchased your home or condo. If they are in breech of that contract you are 100% within your right to take action. Good luck
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ScottD I am not sure I quite understand the point of your "comment." To a degree it only confirms what I had already said. Had you read the post you would have read that there is NO risk to a homeowner if they file a claim with the court and make payments into a court escrow. No HOA can foreclose on property or file a lien against property in this case. Frankly even if an owner fails to pay without going through the appropriate legal channels, in my years of practice I have never heard of a jurisdiction that would permit an HOA to foreclose on a property and displace a resident as a result of non payment of HOA dues. File a lien, yes, foreclose, NO. Perhaps you can share case law on this position? Additionally your statement; "...only time lawsuits work to a homeowner's advantage is in new projects that may still be under the control of the developer/builder, prior to a homeowner takeover of the board." is absolutely baseless and so far from fact that it only serves as a disservice to this website.
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1-6-2017 You have no rights where an HOA exists. I can't understand why anybody would buy such a place. It only takes one jerk on the board to turn the place into a hell.
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