Can I refuse to pay my HOA if they are not doing their job?

Question

I have a condo in Florida and there has been a dead palm tree in front of my unit for two years now. I have called and complained, and just recently the tree completely fell over. I called again to let the management office know it was an eyesore and possibly a danger and they have done nothing about it. Can I refuse to pay my monthly dues until they remove it? Or can I write a certified letter of some sort? I'm not sure about the laws but I am pretty sure that I pay every month to make sure things like that are taken care of...thank you for any suggestions!

Answer 1

Keep paying, gurl.  If you don't, you will owe back HOA plus interest and attorney's fees.  Additionally, the management will slap a lien on your unit, so when you sell, it's time to pay the piper.  Sorry to be the bearer of bad news.

Answer 2

no......................keep paying, or they could file a "lien"against you and your property

Answer 3

Sorry but the answer is NO. You must continue paying yor fees.

But you are not without any remedy. You have a right to sue the association for any damages sustained by their "breach of contract" and the No. 1 reason no one wants to be on an association managment board, you can sue the individual members for violating their fiduciary duties for egregious misconduct or failure to discharge duties.

These actions will not win you any friends among local residents and could make you an outcast in your tiny community.

Ask to speak at an upcoming meeting. Prepare an organized non-threatening presentation of your case....your requested actions, contemplated costs... and benefits to the community by adopting your proposed actions. Be nice...Be firm and only after that fails be litigious.