North files small claims case for unpaid dues
December 13, 2018
Edgewater Isle North filed a small claims case against an owner for unpaid dues of $3,126.
The hearing was held on March 25, 2019. The defendant failed to appear in court, and the Association received a default judgment against the defendant.
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If the HOA Sues You
If the association has failed to perform an obligation of theirs, it does not negate your requirement to pay dues. The homeowner must continue to pay dues while pursuing a separate path to remedy any greivances with their association.
If you are behind in your dues to a homeowners association, you are better off arranging a payment plan with them. A homeowner cannot win either a superior court case or a small claims case brought by their association.
The CC&Rs of your homeowners association govern the collection of these dues, and it is ironclad in favor of the association over the individual homeowner.