HOA Dues

[accentone]

As some of you know, our lawyer filed last week.

Last night I was paying regular bills when I came across a bill for HOA dues. I am, of course, in arrears to the tune of about $1100 (approx. 4 years). My question is, should I have listed that as a debt on my bk? I didn't even think of it until last night and, of course, it kept me up half the night last night. Would it be considered a secured debt (part of the house?), or an unsecured debt?

I guess I need to call my attorney, again. But if anyone has input, please let me know. Thanks.

[Minnymouth]

Unless you want to pay this after bankruptcy, you need to add it too your creditors list.......

Minny

[HHM]

I believe HOA dues are a wierd animal in bankruptcy because, depending on the state you live in, they have a right to lien your home if you don't pay. Also, sometimes, the dues are attached to the property, so-to-speak, which means your personal bankruptcy may not discharge them.

Being in an HOA is like owning shares in a corporation...the deed to your home is your part ownership of the HOA. As part of owning that share, you have the responsibility to contribute (your dues) for the upkeep of common areas. Thus, it might not be considered consumer debt.

Then again, if the Association has not perfected its lien rights, then it may be treated as a general unsecured debt and discharge. In either case, you should list it in your BK and discuss it with your lawyer.

[accentone]

Guys, just talked with the lawyer. He doesn't seem too concerned. Said we could amend it, but we should just wait and see if the trustee wants to. Says it would cost $150, to amend, and I should save my money. Okay, that's what I'll do.

[josephdepe]

I advised you to include in in your bankruptcy papers. Have it amended. If you do not include it in your filing, this will still be a debt that was not discharge and your HOA can collect it. You have to have it included so that the whole amount is discharged.

[kw1025]

I listed to association on the filing. My attorney said that i would not be personally liable for any HOA i listed before the filing, however, if it is still your property after the filing (cuz the bank did not foreclose)then you could be on the hook, depending on your state law, but as a matter of practicality, your HOA most likely would not come after you for that