You have not provided any details regarding your home; are you in a Condo or a Detached home on an Acre lot?
My point: details matter!
Speak with a Realtor® and investigate a possible exit strategy; or not, based on the relative demand your current home has in today's market!
Before you contact a Realtor® review the blog post below to understand how 2014 will not be "business as usual" as relatively compared to 2013.
"The Top 4 Challenges Buyers & Sellers will face in 2014!”
A tolling agreement means no lawsuit has been filed. As long as no lawsuit with the builder is on record, i.e. has been filed, then there is no problem with getting lending for the buyer. Once a lawsuit has been filed, lending for buyers on the homes within the HOA will cease. So, your realtor should find out what is the earliest date, according to the agreement a lawsuit can be filed. Then try to sell the home so that the sale completed before that date arrives. If this process is followed, you should have no problems in your sale process.
I would be happy to assist you in your sale.