Do we have right to take legal action against our HOA for letting the FHA certification lapse on our property?

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Do we have right to take legal action against our HOA for letting the FHA certification lapse on our property?

My HOA let their FHA Certification lapse. Our house has been up for sale dor 5 months and we found out about the lapse in certification around 4 months ago. We have been under contract with a buyer who needs an FHA loan. Since we are waiting for certification, our contract may fall through if we don’t get the certification in time. Do we have any right to take legal action against our HOA?

Asked on June 29, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you have a factual and legal basis to bring a lawsuit against your HOA for letting the FHA certification that was in place on the complex where your home for sale is situated, you need to carefully read the recorded covenants, conditions and restrictions in place as to the complex as well as all approved rules and regulations to see what is mentioned about FHA certification.

Once you obtain such infomation, then you should consult with an attorney that practices in the area of law with respect to planned unit developments to see what legal recourse if any you may have as to the certification lapse.


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