If the HOA fails to address an ongoing neighborly noise dispute, can you withhold paying condo fees?

I’ve been living in my condo for a little over 2 years, I have had beef with my upstairs neighbor for the year she’s lived here. She rents, the office is located on site and the manager addresses complaints, it’s then escalated with the HOA board. I’ve provided 2 police reports and all they’ve done was send a warning to her. I provided recordings he claimed weren’t loud enough, I was hoping it would be enough for him to fine the owner/ her landlord. I’ve always payed my condo fees on time & they have a payment arrangement in place for now because I’m not working. This has been going on for a minute and no resolution, it’s like the Mgr is under the impression I’m exaggerating and looking for reasons to not escalate this. My online friend keeps mentioning that I have leverage as an owner & I really don’t buy it, he suggested that I speak with a lawyer to see if I can withhold paying fees because they’ve done nothing to address this noise complaint. I have the declaration on me, I did speak with a lawyer before and the only things he suggested were attending board meetings/sending a cease & desist letter (he thinks this will make things worse).

In my experience, including reading court decisions where a HOA/COA owner withheld payment of her/his assessment, HenryS7 is correct. The courts say the covenants obligate an owner to pay her/his assessment. Period. If the owner has a beef about xyz, then the covenants and statutes provide other paths (apart from withholding payment of one's owed assessment) to remedy the problems.

Danielle, I realize you have been posting here awhile. The veterans here seem to agree that condos in particular can be terrible places to live. One is dependent on a board of typically unskilled volunteers to enforce the covenants. Lacking a pro-active board, one is stuck paying a lot in attorney fees. Even with an attorney, there is no guarantee of fixing problems.

If you stop paying dues you LOSE any power as an owner you may have. Plus your at risk of a lien/foreclosure. It's a bad idea to withhold dues to your HOA just because you don't like what they do with them or response. This is taking away your HOA's income. Which has not a thing to do with your neighbor dispute or whether or not you can pay them. A HOA willing to work out a payment plan is already stretching out as much as it can. How would you feel if your employer withheld your check because doesn't like your chatting on the phone? Same with a HOA. Your dues is their paycheck. Without it, they can take legal action against you to get paid.

My suggestion is either move to a condo with poured concrete floors or get a Yorkie puppy, noise canceling headphones and talk to your Doctor about Xanax.

The Market is hot right now if you sell, it might be even money for a place of equal size.

I thought she sounded familiar. I believe sound reducing equipment, headphones, etc., were all suggested, but for some reason, Danielle can't or refuses to try them. And then she decided to quit her job - remember the post where she asked if the HOA board would negotiate a payment plan? There was also the post about the neighbor reportedly littering on purpose because there was a a napkin or some such in front of her door.

Danielle, this is getting ridiculous. I realize some people can be noisy, but I have to agree with Barbara - You seem to have some anxiety issues going on and that can lead to hypersensitivity to noise. I'm not a mental health expert and I hope I'm wrong about this, but you've complained about this for months and now it may be time for another approach, not to mention considering leaving this community if you're no longer happy. Life's too short.