Sued by HOA

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Sued by HOA

have been sued by our HOA over past
due assessments. We were fined on
multiple occasions for lawn upkeep, we
cut our grass just not on their schedule.
We have disputed these on multiple
occasions. We changed our schedule
to mow when they had the common
areas mowed and still received fines.
We wantto pay our dues just not the
fines, and HOA is not willing to
separate the two.

Asked on March 24, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Ultimately, either you pay or you end up in litigation, if they are not willing to back off and forgive the fines: either they will put a lien on your home (and you will sue to remove it) or they will sue you for the money. Even if you believe that you are right and should not owe the fees, you'll have to incur litigation costs--and, since the outcome of no lawsuit is ever guaranteed, you could lose, of course. Depending on how much the fines are, you may wish to pay rather than go to the trouble and cost of fighting.


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