Can I withhold HOA dues in Texas

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Can I withhold HOA dues in Texas

When a hurricane hit my area, I had an issue with major damage to the inside of my bedroom window. When the insurance investigated they found that there are several holes in the outside mortar that allowed the outside elements in and caused the damage to the inside window. The issue of the window was told to the HOA, they said they would get the outside and inside fixed. They have done neither. They were contacted 3 times on the matter. So I began with holding payment until it is resolved. Since then I have had to use a funnel and bucket to catch the water that drips inside my condo whenever it rains. I have had extra electric cost because of the cold weather elements let in through the damaged frame.

Asked on March 27, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, you cannot do this: while a tenant may withhold rent to cause a landlord to make repairs, you are not a tenant, the dues are not rent, and the HOA is not your landlord. If you withhold your dues, the HOA could take action against you: sue you, or put a lien on your home. 
Your option is to sue *them* if necessary to force them to make repairs and/or for compensation for any losses or costs you incurred.


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