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

UPDATED: Jun 29, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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