Ordered to pay HOA dues but HOA has yet to reimburse me for out of pocket repairs

UPDATED: Sep 30, 2022

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Ordered to pay HOA dues but HOA has yet to reimburse me for out of pocket repairs

My HOA is suing me for unpaid fees. I stopped paying them when they failed
to fix the outside damage to my condo. They showed up and attempted to fix
the leak a few times, then ignored my emails and phone calls. So I had to pay
for the repairs myself, which ended up being 7,000. It is stated in my HOA
CCR’s that they were suppose to cover the outside repairs. Due to the
negligence and prolonged waiting on my end, the inside of my condo
continued to be damaged from the rain coming in. I explained everything to
my insurance company and they paid for my inside damages of 13,000. How
is it possible for them to sue me and they never held up to repairing my
outside damages? And who is the best attorney to represent me in this case?
I have all emails and documentation to get this settled.

Asked on November 4, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your obligation to pay fees and their obligation to repair the outside, etc. are separate and distinct obligations: their failure to do one (the repairs) do not justify you in not doing the other (paying your fee[s]). If you fail to pay the fees, they can sue you for the money; you in turn could sue--or countersue, in context or course of their lawsuit--them for what you believe they owe you due to their failure to make the repairs, requiring you to spend your money. Any litigator (attorney who goes to trial, as opposed to attorneys who mostly do RE closings, or draft wills or contracts) should be able to help you.

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 AttorneyPages.com 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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