The only way to defeat a home owners' association claim is to outsue. That costs a lot of money and takes a lot of tenacity. Do not withhold association dues though, because that gives them an incentive to put a lien on your property.
With a home owners’ association, there are two contracts in play which are not connected. The first contract is an acceptance of the property along with the responsibility to pay the association dues. The second contract is that the home owners’ association will do certain things. With a home owners' association dispute, you are dealing with a debt situation versus an action situation, and you have to consider whether the debt attaches to the person or the property, depending on the contract.
Keep your maintenance fees current. Even in a foreclosure situation, keep the home owners’ association fees current because if they are not current, the judge might rule against you. Also, if you withhold fees, really you are affecting your neighbors. Things can get very emotional, which is why attorneys are needed to keep emotions out of it.
To dispute a home owners’ association, you have to outsue and outlast, but in the meantime, pay the dues.
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