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HOA sold our property and wont pay us unless we give them a global release for
breaking the law? How do we get them to pay us without giving up our rights to sue them for breaking the law? We missed 3 months of association dues and they sold the property and now wont give us the money for almost 10 months. And my attorney quit because I cant pay him. What do we do now?
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They can't force a sale of your property; check your HOA agreement.
There must be Due Process before a forced sale of your property. Contact your local Bar Association for a list of attorneys who may want to perform Pro Bono work, or work on a contingency basis.
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How was the law broken? Is it written in the paperwork that they can sell it if you miss 3 months of association dues? What do association dues have to do with your ownership of the property? Do the "dues" include monthly payment for the property that when you fail to pay them, you are also failing to pay your property payment? If so, is that in writing? Really need a little clarification on this, please. PS Has it been 10 months since they sold it and have not given you the money, or is it that they are not going to give you the money for 10 more months from now? Did they inform you that they had intent to sell the property?
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They can't just sell your property. 3 months? The take you to court for the dues. The can put a lien against the condo so if you sell they get their share, freeze your bank account or garnish your wages.
But property is a seperate thing. They can't just pitch you out and sieze your property. It is a super long involved process even if they wanted to. Nobody is going to spend all the money doing so for only 3 months. Even if it was somehow in the HOA rules that would be illegal. And what judge would sign off on it? You know they did not sell it at market value. Sounds like you should be sueing THEM. Loss of money, money and time moving, your now rent, time off from work dealing w. this, legal fees, etc. Sign that release and you will be at their mercy. As another said contact people about probono. If there is a law school nearby contact them as they usually have groups of students who want to work on real world cases. Contact the housing authority. If you have to contact a TV station. You should post again w. more detail.
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