What to do if I have a summons to defend a civil action filed against me for not paying my HOA?

UPDATED: May 21, 2012

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What to do if I have a summons to defend a civil action filed against me for not paying my HOA?

What is the best way to beat this? I wasn’t paying because they wasn’t making repairs. My roof on my carport is about to fall end have turn in several request for it to be fix but nothing happens.

Asked on May 21, 2012 under Real Estate Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you need to do first is to answer the summons or the HOA will take a default.  Then put in counterclaims as to their breach of duty, breach of contract, breach of warranty of habitability - and ask the court to allow you to pay your HOA fees in to court.  You can not really hold back the payments.  Gather proof and ask for an abatement of the fees until the matters are fixed.  Good luck.

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