Am I required to pay my HOA assesments if the HOA is failing to pay the community bills and losing community property?

UPDATED: May 7, 2012

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Am I required to pay my HOA assesments if the HOA is failing to pay the community bills and losing community property?

Our HOA has failed to pay some bills and has now lost a piece of the property in our community. The property lost is the community lake site, which our dues and assessments should take care of paying for maintenance.

Asked on May 7, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are required under the recorded covenants, conditions & restrictions as well as all other recorded rules and regulations to pay your HOA assessments even if the association is failing to pay community obligations and is losing community assets such as the lake you have mentioned. The reason that the association is probably unable to make payments on the community bills and property is because homeowners are not paying their HOA assessments.

The more homeowners who fail to pay their monthly dues and assessments, the more likely the association will be unable to meet its obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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