Im selling my condo and will no longer be an association member, can I still file a suit against the HOA as a non-member?

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Im selling my condo and will no longer be an association member, can I still file a suit against the HOA as a non-member?

My accountant has discovered malfeasance in our home owners
association HOA accounting practices and she has
recommended association members hire an attorney to resolve
this issue.

Asked on June 1, 2019 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends upon whether, though you will be giving up your membership, you would be entitled to any compensation for any losses you incurred while a member. For example, say that you were overcharged on fees or assessments due to the accounting practices and so could potentially get a refund or reimbursement out of the lawsuit--that case, since you have an actual stake in the outcome, you could sue or participate in a group lawsuit. If you would not be eligible for compensation--e.g. if the outcome of the suit will only affect what happens or what members are charged in the future--you could not sue or participate in a suit since you have no stake in the outcome.


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