Resident-Vendor Sued by HOA

Question:

Hello,

I was the VP of the board of directors. I have an LLC and the HOA voted to grant me a contract to repair a block wall after getting 3 bids that were over the HOA budget. I came in far below the other bids and disclosed that I am the owner. I never was not transparent. I recused myself from voting. The management company sent me a vendor packet to approve me as a qualified vendor even though I did not have a contractors license. I disclosed I did not have a contractor license and the board voted to approve my LLC to perform the work knowing that and I did not have a contractor license. It was a 3-1 vote which I did not participate in. There was a dispute over block color and the board started deviating from the request and added unrealistic requests. Therefore I cancelled the contract. They paid my LLC $13,500. Now they are demanding reimbursement due to me not having a contractor license. I understand I need to disgorge all funds but refused to since they had a clause stating they can still sue me. Now they levied $19,500 fine for causing damage to a common area wall. I am being threatened to have a lien put on my house if not paid within 30days.

Letter was only sent via email to my attorney which is only a virtual attorney. Is this a valid assessment or do need to send a letter by certified mail? I am out of California

Thank You!

– Gabriel

 

Answer:

Hi Gabriel,

Due to the nature of your case, it is best to consult an attorney for advice on this matter.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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