Can you sell your unit during litigation with your HOA

Well if you sell then your no longer a member... Plus suing your HOA is suing yourself and your neighbors. Thus making them also being sued. Which should be information that is revealed to other members and possibly potential owners if asked.

For the HOA fixing the common property for the new owner? That will become their battle once they become a member by buying the home.

Think of a potential buyer like this. It's a person who walks by your house and says "Nice house is it for sale"? They are NOT members of the HOA. So not entitled to HOA business. It would be up to the HOA board to decide what information to give out. The CC&R's/Articles of Incorporation are PUBLIC documents. So they can go to the courthouse to get them.

There is a form called a PUD form. Depending on what kind of loan the potential buyer is applying for, the lawsuit would be disclosed. Which this form goes to the banking institution to evaluate risk. They may not loan the money or raise the rate to do so. There are other things like unpaid dues etc... also reported on that form. FHA is the one that uses it the most. Fannie Mae and Freddie Mac may.

So sell your home and move on. You may have to fix the issue yourself or negotiated terms with HOA/buyer. The lawsuit doesn't help you much at all unless your staying.

? What does your attorney say ?

Surely you have one if the issue is 'several hundred thousand dollars'.

Yes


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Yes, already talking to a company that buys houses for cash. They said they have done all the comps and damages to my unit and will give me about 2/3rds under market value. They will fix all unit damages and want to know if the association will fix common areas so they can fix inside to get it rented during litigation and possibly sell after litigation. If they fix common area they take that out of my money. $9000 or more for the foundation repairs, front wall do some flashing work to stop the water from coming in from 2016 new siding which still leaks and replace the rotted entry door cost $4000, Sidewall 2016 leak repaired in 2018 but still leaking to this day and replace all components into the drywall cost $2000, Remove kitchen cabinets, drywall, insulation, and replace all during mold redemption cost $10,000 and up depending on if carpets would need replacing. That's about another $25,000 off my money. So lets say $170,000 MV I would end up with $75,000 and pray I get the difference back in full.

Thanks,

You are going to have a problem showing actual damages if you sell to a company the un-repaired house at a deep discount to an investor who will later fix it up. You better spend some money and get an appraiser to give you a full report including what the house would go for fully restored to it's pre disaster condition.

Honestly I would wait it out. Selling your house to the we buy ugly houses is like going to a payday loan center, you are the one that will get hosed.