Should I pay HOA Fees after filing

[BrokeJack]

We filed BK on 4/9 at which time we were a couple months behind on our monthly HOA fees. We are giving up our house. Our lawyer told us that we can get anything that we owed to the HOA before the filing discharged, but we would be responsible for any HOA fees that accrue after the filing and before the house is sold in foreclosure. He wouldn't elaborate any more on what being responsible for these fees meant or what the repercussions might be for not paying during this time period? He just said that we needed to pay for them.

I don't understand what the HOA can do to us if we are already filing BK and giving up our house? Put a lien on our house?

If they put a lien on our house, what does that mean to us at this point? I've read that if there is a lien on the house, then the person or entity who eventually buys the house on the foreclosure auction, many times, will have to pay off the debts incurred to the HOA in order to get them to release the lien? Is anyone familiar with this? And, if that is the case, I've also read that this delays the sale of the house longer because of the paperwork involved in that process in which case, just gives us longer to stay in the house which, to me, is an argument for NOT paying the HOA because it could potentially buy us more time to stay in our house, which is ultimately what we're trying to do to save money for our next place. Or, am I missing something with my logic?

[hopefulbk]

I wanted to know this too. Last I heard from MY HOA, they will do a lien on the house so I could care less.. However, I've heard of them bringing a lawsuit against you personally for the balance- not sure which route the HOA would take You would think that if this debt causing you debt is gone in bk, then that would be included as well so I'm confused

[StartingOver08]

The HOA debt before filing is gone (pre-petition HOA fees).

The HOA debt after the filing date is due by you. From a practical point of view right now, the fees end up as a lien on the property you are surrendering. However, the HOA communities are going after owners too because the banks are not always willing to pay the outstanding fees/liens on the property. This is a huge hot button issue right now.

[poorold]

not legal advice--only my opinion after a consultation.

the HOA dues after bankruptcy are your responsibility. my attorney advised me to surrender the home and move out, thereby mitigating any claim the HOA would have on me as I was not occupying the house post-filing.

my HOA dues are over $500/month so it is not insignificant in my case. I plan to be out about a week before I file.

I would like to hear from anyone who knows if I should do anything else to keep from getting bashed by the HOA post-bankruptcy.

perhaps send them a copy of the form indicating I am surrendering the home? and politely telling them to bill the Trustee because the trustee now "controls" the home.

[BrokeJack]

$500 a month! Holy #!*%. My plan is most likely to pay the HOA, albeit very reluctantly. I don't like these control freaks at all, but I understand that they have a lot of power and have been very successful in getting some laws changed which now make the owners personally responsible for dues even if they are in bankruptcy. But what would they be able to do then - garnish my wages, eventually?

[hopefulbk]

$500! Wow holy ****. I'm complaining over 275 a YEAR...

[StartingOver08]

I was complaining over $260/mth!....$500/mth is getting up there.

[relief13035]

I stopped paying the HOA fees on the 2 rental properties that we surrendered. All that has happened is that the association put a lien on the property. Who cares.....I don't want the dang places. More power to ya

[poorold]

it's only 15 units and it covers everything on the exterior of the townhouse, etc.--insurance, etc.

in addition, there is a master association.

it gets worse and I'm kind'a glad I'm out of the community because the golf course closed 8 months ago and there is a move afoot to have the master association buy it and increase assessments even more.

homeowners in the community are between a rock and a hard place. over 10% foreclosures, a developer bankruptcy so there are a bunch of condos/townhouses being shortsaled or bank sold. golf course closed and either someone maintains it or it becomes financially unrecoverable because of the cost to replace greens, etc. and then what happens to home values in the community?

anyway, I think it is a blessing in disguise at this point.

[Culacadidang]

My HOA dues were forwarded to a collection agency. I just simply wrote them a letter informing them that the property was included in the bankruptcy state and that they should cease and desist collection or face legal action. BTW, sent the letter using registered mail with return receipt.

[TEW]

not legal advice--only my opinion after a consultation.

the HOA dues after bankruptcy are your responsibility. my attorney advised me to surrender the home and move out, thereby mitigating any claim the HOA would have on me as I was not occupying the house post-filing.

my HOA dues are over $500/month so it is not insignificant in my case. I plan to be out about a week before I file.

I would like to hear from anyone who knows if I should do anything else to keep from getting bashed by the HOA post-bankruptcy.

perhaps send them a copy of the form indicating I am surrendering the home? and politely telling them to bill the Trustee because the trustee now "controls" the home.

This is a little different then when my lawyer told me. If the property is still deeded to you moving out will still be your responsibility. BUT since the HOA attaches to the deed the lean that the HOA has to be cleared before the deed can be transferred.

[Doghouse]

My lawyer also told me I have to pay HOA fees after filing for BK, so I plan to restart now that I have filed. My HOA fees are $70/month.

[DebtEnder]

Ok I understand anything after you file is due to the HOA.

When I first filed I intended to keep the house. We have now changed our minds and intend to ride it out for a few months and save some cash and then get a new place after it's foreclosed on. My attorney charges $129 to amend a petition to add the the pre-petition dues of $479. Technically I would need to amend to add them as he did not list them on the creditor matrix for no real reason and to change the statement of intentions for the house, surrender from re-affirm(it's countrywide anyways so they are not snding re-affirm paperwork as is) I do intend to pay the hoa dues that accrue from my filing date till foreclose date.

So the question is as I'm a declared no-asset chap 7 case if they try to take me to court later wouldn't the discharge paperwork, even if they are not listed, be ok if all else fails. I know the safe bet is to list them but tbh my attorney is less then helpful and I've already got into a bit of an argument with his paralegal over a creditor taking money out of my account with auto-debit that they refuse to even pretend to care about. Also I really don't want to pay another 129 bucks when it only cost 29 to amend so he can get another 100 bucks due to his bad advice, by not listing the hoa fees when I told them about them being past due at the time and I was not 100% on keeping the house.

[novayalife]

Wow! Talk about insanity! $500 a month should be illegal for HOA. And I agree with most the posts on here, If you are letting the house go, no reason to pay.

[jmendez7799]

I am keeping my home and I was informed that from the time I filed for chapter 7 and back that it could be discharged in bankruptcy court. I was informed that anything that accrues after the filing is my responsibility. I want to make sure this is correct. My homeowners association is now suspending my priveleges to use the community pool. I have paid last months and the current months dues after I filed but they are now requesting the discharge papers that wont be available until around July or August since I filed the end of March. Can they harrass me once I filed bankruptcy?