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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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