Legal Question in Real Estate Law in California

Withhold Condo Dues

How can I legally stop paying my monthly condo dues until the association fixes my roof?


Asked on 7/29/05, 8:42 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Withhold Condo Dues

You can't. One Court of Appeal has described assessments as the "lifeblood" of the association. You cannot withhold payment of your dues. The HOA can record a lien against your unit, foreclose and get full reimbursement. Instead, you should consider you own lawsuit against the association for failing to fulfill its duties under the CC&Rs.

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Answered on 7/29/05, 11:39 pm


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