On a FB advocacy group, a member offered advice to another who was in a late payment dispute with their HOA and being sued. She said pay in protest, which is nice but leaves loose ends and can be, and will most likely be, rejected by the HOA. I replied:
Interesting and I hope it works. Way back an aggravated homeowner in dispute who refused to pay assessments was sued. Rationally, and applying a fair, just and acceptable solution to debt disputes, told the judge that she would place the owed money in escrow until the case was resolved. The judge said, NO! That was way back in 2003 and things are a little bit better now, and there is another judge. Make the plea to the judge and not the HOA.
I’ve come to believe that state legislatures regard HOAs as a state security interest – in contrast to a national security interest– and can impose what amount to martial law that allows the curtailment of your rights and freedoms. In short, it seems that the HOA could not be allowed to fail so pay up or die. At the cost or your home and all your equity in foreclosure. Talk about intimidation!
YOUR HOME HAS BEEN PLEDGED AS SECURITY TO THE HOA, without saying so in your “fully agreed upon’ CC&Rs!
HOA Constitutional Government 