136. My HOA fails to repair our roads and now they won’t accept my assessment excluding my share of the road repair, can they really refuse that?

In a nutshell, payment of your required assessment is contract law, it’s included with your settlement when you purchased your home in a homeowner association. (PUD Rider) – it’s known as a consensual lien, you promised to pay the assessment, not to hold hostage a portion because of your disagreement.

WV  state law is specific to the full amount owed:

WV Uniform Common Interest Ownership Act §36B-1-104. Variation by agreement.
Except as expressly provided in this chapter, provisions herein may not be varied by agreement, and rights conferred may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.

When you are in disagreement over the maintenance, or lack thereof, concerning your common area(s) you must contact your Board of Directors.

also see #121