Legal Question in Real Estate Law in California

There is a very old and well regarded rule of law that unless an obligation is specifically conditioned on the performance of the other party's obligation, you are not free to breach your obligation. In otherwords, all you do is put yourself in breach of your duties to the HOA and put yourself at risk for a lien on your property and ultimately the HOA selling your property to pay the dues. And their failure to do what they are obligated to do will do nothing to stop them. It sounds like you are going to have to take them to court, but in the meantime you need to pay your dues. I would start by threatening them with litigation, and pointing out that the dues paying members have a right to expect them to use the powers at their disposal to collect from the members who are not, including liening and foreclosing on defaulting members. Point out to them that the willful failure to do so may open the individual board members up to personal liability, especially if any of them are not current on their dues. Then hope for the best, and if not, sue them.