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Once we've become a part of a class action can we decide we no longer want to participate?

We are currently involved in a class action lawsuit against the developer of our home. The litigation is currently in mediation. The amount estimated each homeowner is less than what it will cost to fix the defects we listed. Therefore, the burden of fixing these items falls on us should we decide to sell our home in the future. We have decided we would like to opt out of current litigation. Can we? Does the litigation show on the chain of title will being mediated or after settlement is reached?

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Attorney answers (1)

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If you are speaking of an action brought by the HOA, it can sue in its own name without joining the individual homeowners for matters pertaining to enforcing the governing documents, damage to the common area, damage to a separate interest the HOA has an obligation to maintain or repair, or for damage to a separate interest that arises out of or is related to damage to the common area or to an area the HOA is obligated to maintain or repair.

If what you refer to is something other than an action brought by the HOA to pursue the rights set forth above, I would need to know the nature of the action in question to respond to your query.

I would strongly urge you to consult immediately with a litigator skilled in this area of the law.

PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.

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