Real Estate Law
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Presuming that the HOA is now in good standing with the state, the payment of association fees is now back due. If you have any evidence that you are being targeted and forced to pay while other members of the HOA are not, then you may have a defense of "selected enforcement." Typically, an HOA must enforce the payment of dues (and other rules) against all members equally.
Understood and I am sorry you are in this predicament. You would probably still be responsible for the past due amounts assuming there is not a defense of "selective enforcement" available. That said, you may be able to mitigate the total amount owed by proving the repair and improvements to the HOA performed by yourself. I would strongly recommend hiring a local attorney to defend your interests in this matter and you should advise him of the repair/improvements/services in kind that you have provided when the HOA was inactive.
Ha. The Association is not god. Aside from the defenses referenced above, other defenses to liens (and eventual foreclosures by an HOA) include but not limited to:
1. The HOA Did an Incorrect Accounting or Overstated Charges
2. Failure to Follow the Assessment Lien Foreclosure Statutes
3. The Assessment is Not Authorized by the Governing Documents
4. Misapplication of Payments
5. Improper Recording of the Assessment Lien
Consult an attorney with Community Association experience to protect your interests.
"Going to court" is not the watershed event. You sound like you are currently in litigation. Please consult a local attorney immediately. To answer your question, yes, homeowner's do prevail against the Association.
"Homework" should be done by the attorney you consulted. You are not an attorney and are not legally trained to defend yourself. Ask your lawyer to defend you or find another attorney that will.
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