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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37871
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I live in an HOA in Bozeman. The builder did not provide

Customer Question

I live in an HOA in Bozeman. The builder did not provide green space as he made an arrangement for our HOA to use the Green space in a nearby HOA. The problem is that with all the new building, there is no way for families to take kids or pets to the other Green space without crossing several streets and going through other peoples property. We are now paying HOA for our units as well as HOA for use of Green space in the other HOA that we can't get to.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Montana
JA: Has anything been filed or reported?
Customer: By laws for both HOAs have been incorporated
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thanks
Submitted: 14 days ago.
Category: Real Estate Law
Expert:  socrateaser replied 14 days ago.


If you have documentary evidence (brochures, marketing sheets, contract language, or testimony from more than one homeowner-member that the builder promised you something that was never delivered, then you can sue the builder for fraud and/or false advertising.

The best way to approach this is to get a few HOA members to agree to contact a lawyer who handles consumer protection law cases and see if the lawyer will sue on behalf of all of the members as a class to recover damages from the builder. Also, this approach would avoid your having to pay any attorney's fees, because it would be a contingency case (no pay unless you win).

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