Legal Question in Real Estate Law in California

Re: Homeowners association

No. The association is run based upon bylaws which allow anyone in the association to serve on the board of directors. You should become active in or with the association if you have questions or complaints about how it is run. When you bought your home you should have received copies of the CC&R's (conditions, covenants and restrictions) imposed upon all of the affected residences, and the bylaws. Read them. If you are still unclear, bring them to an attorney who can explain them, and answer your questions. consultation.

Re: Homeowners association

No, you cannot withhold part or all of your dues in the manner of, say, a tenant withholding part of his rent as compensation for making repairs the landlord was supposed to make. Participating in an HOA arrangement is a kind of hybrid between being in a multi-party contract and being a shareholder in an enterprise. Your remedy for breach of the HOA's responsibility (if indeed it has breached a bylaw or adopted policy) is to change the management, the policy or the bylaw through participation. At some point, you could perhaps acquire the right to sue the HOA and/or withhold dues, but a judge is unlikely to find for you unless the HOA's breach is quite material and your attempts to correct the situation through participation in its internal affairs was thwarted by some identified unlawful action(s).