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We would like to sue the HOA. They charged us $2500 back for…

Customer Question
We would like to...

We would like to sue the HOA. They charged us $2500 back for repair/renew the bathroom due to leaking issue caused by main water line and neighbor unit. We don't agree to pay and talked to board members, but they still decide to charge us. Now we have to pay because if not, the sale of our condo cannot be closed on time-12/28/17. Can we still sue HOA in small court and asked money back after the sale is closed even if we paid the charge already.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also want to know if we sue them, can they sue us back since if HOA was in lawsuit, any unit's sale would be affected.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/13/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,329
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
sure
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for your patience. The answer to your question is yes, you can still sue them in small claims court. Small claims court in CA covers up to $10,000. So, if you go through with the sale, but you still have a breach of contract dispute with the HOA, then you can still recover for your damages that resulted, including attorneys' fees and court costs. Did you have any other questions for me today?

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Customer reply replied 2 months ago
Do I need to write something like "I reserve all legal rights even if I pay the balance now"? when I pay the invoice from HOA?
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I think that would be a really good idea.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

In this form, you can edit it to say what you suggested and that you will be coming after them in small claims unless they pay.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
Will HOA sue me after I sue them because if HOA in the lawsuit, other owners' property sale would be affected.
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

They could sue you, but I don't know what they would sue you for. For example, they could bring a counterclaim based on something that they believe you've done wrong, but based on what you described, I don't know what cause of action they would realistically have. So, technically yes, but probably not.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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