Legal Question in Real Estate Law in Indiana
homeowners assocations
I am being sued in small claims court for our dues. I have refused to pay for the last 2 years because of covenant violations, no enforcement, no budget report, lack of taking care of most issues. What are my rights and what is the best ways of telling the court our side of the situation?
1 Answer from Attorneys
Re: homeowners assocations
Your belief that the association is not policing the subdivision adequately is not remediable by refusing to pay dues. Even if you tell the court of these problems, you will be obligated to pay the dues with interest and court costs. The best way to handle this is to get involved by attending the annual meeting and/or running for office or volunteering to be on a committee. If you are turned down by the present officers in that they will not let you participate (and you may not have the right to do so until your dues are paid to date), you might want to clearly set forth your position of what is wrong with how the homeowners association is being run and what you think ought to be done to make it operate correctly in the best interests of your neighborhood and provide that letter to each of the homeowners. Alternatively you could bring a lawsuit in a Superior or Circuit court to compel the organization to do its duty.