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How can handle the HOA?

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    #1

    How can handle the HOA?

    I am living in California and filing BK next month.

    I have a rental property with a HOA fee.

    As far as I remember, the HOA dues BEFORE BK filing can be discharged. However, I have to pay all the HOA dues AFTER BK filing until the deed changes, e.g., foreclosure.

    Am I understanding correctly? Can the HOA regulations be different in other States?

    Can I let the tenant pay the HOA until the condo is foreclosed? The tenant is enjoying free rent now.
    Last edited by mhman; 10-25-2009, 07:05 AM.
    Filed Chapter 7 on Nov 23, 2009
    341 Meeting on Dec 30, 2009
    Discharged on March 11, 2010
    Closed on April 12, 2010
    Tags: None
    #2
    My tenant is paying the HOA fees for me right now.
    BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
    Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

    Comment

      #3
      Why is the renant not paying rent? This money is still due to the BK estate. Your BK does not mean they do not have to pay rent.

      Comment

        #4
        Umm... yes it does actually. My renters stopped paying rent back in May. They cannot be paying you rent on a property that you are surrendering and that you yourself have stopped paying for. If renters did keep paying, I believe you would have to claim it as income.
        BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
        Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

        Comment

          #5
          I totally disagree. It would be wrong if you kept the money, this money should be going to your creditors, like the mortgage company that holds the mortgage on the property or the trustee.
          Does some one else have any ideas here?

          Comment

            #6
            Well the law doesn't disagree. I as well as most everyone else here surrendering their homes have been instructed to do this by their lawyers. And if you used rent money to pay your creditors...why would you be declaring bankruptcy? I'm sure it would fall under some sort of preferential payment situation. The people living in their homes still that have surrendered them are also living mortgage free.
            BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
            Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

            Comment

              #7
              i had a rental property in pre-foreclosure for 34 months so far. i was honest with my tenants and rent to them on a month to month basis. We have a lease agreement in writing. i claimed the rental income in my BK7 case and the mortgage and HOA dues were IIB. but because the lender still has not foreclosed the HOA is still sending me bills. they may file a lein on the property but i dont think they will do much more even though my name is still on the title. but i agree with the OP that HOA dues from filing date forward are the owners responsibility.

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