Real Estate Law
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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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