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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113386
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My HOA engaged in fraudulent/double billing does this end

Customer Question

my HOA engaged in fraudulent/double billing does this end the contract
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I do not see a password ***** my email so I guess we can not go forward
Customer: replied 1 year ago.
can to continue tomorrow
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, I am afraid that double billing or fraudulent practices on the part of the HOA does not end the contract for their breach. It is grounds to sue them to recover the money they took in the double billing and to get a declaratory judgment against them to make them follow their bylaws and properly bill owners, but it is not grounds to terminate your contract with them.

Customer: replied 1 year ago.
you mean if I give them $1600 in 6 months and they pocket $800. of it and want to sue me for the remaining $800. as if they have never received I must continue to pay. if because of this I no longer want to do business with them
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I mean you have to sue them and could even file criminal charges against the board for theft, but that does not give you the right to get out of the HOA and no longer be bound to the HOA. I said you have legal recourse, just not the specific one you may want. You have a right to sue and you have a right to potentially file criminal charges against whoever stole the money.