Sued by HOA

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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