ANSWERS: 3
  • I dont know about hoas. I do know for apartment rentals you can escrow your rent. Call your goverment center or courts . they will be able to tell you.
  • 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
  • No, this is not allowed (or, really, it doesn't do you any good). If you fail to pay your HOA fees on time, you can be fined, handed over to a collection agency, foreclosed upon and/or sued, according to whatever debt collection policy your HOA has in place or puts in place. It's just the same as if you decided not to pay the fees because you couldn't afford them or didn't feel like paying them. The HOA is not your landlord and you are not its tenant so rental laws are totally irrelevant. I doubt that this varies by state. You could sue to make them perform the repairs or whatever but you still have to pay the fees, regardless of the status of the lawsuit or its outcome.

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