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Q: Can I legally stop paying my HOA dues if my California HOA is violating the law? A: No. Even if your HOA board is acting illegally by, for example, selectively enforcing rules, refusing to perform maintenance, or improperly imposing fines, homeowners never have the legal right to withhold assessments. California law does not recognize a homeowner “offset” defense against assessment obligations. Once an account becomes delinquent, the HOA may begin imposing late fees, interest, liens, and even foreclosure procedures. Homeowners must challenge improper HOA conduct strategically rather than by refusing to pay assessments. In short: pay first, challenge second. By staying current on your dues, no matter how unfair or illegal, you protect your property and ensure that when you challenge the board’s illegal conduct, you are doing so from a position of strength rather than as a debtor facing a lien or foreclosure. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #HOAassessments #HOAforeclosure #CivilCode5650 #badHOA #HOAhell
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