HOA (Collection Agency) Fees in Chapter 7

[bruce2010]

This is my first post on the forum, so my apologies if this isn't the correct category for this post. That being said, I did search the forum for my particular situation and didn't see anything, so I'm asking here:

I just received my Chapter 7 discharge, which is great. The problem however, is that like most others in CA who went behind on HOA, I'm now liable for my HOA dues ongoing (until the bank takes the house back or it sells as auction-- my name is off the deed). My specific question is related to the HOA Dues Collection agency and the fees they are charging.

Before my BK filing date, I have a statement with the following fees:
- Collection Cost - $250.00
- Pre-Lien Fee - $225.00
- Vesting Verification - $35.00
- Preliminary Mail Charge - $27.00

As of 8/4/2010 (after my BK filing date), they re-added all 4 of those fees to the collection notice they sent after my I received my discharge from the courts.

It seems like it should be illegal to just re-add the fees after the BK discharge back to the total collection amount (thats like getting to charge for those fees twice, if they were legally discharged by the court isn't it)?

Any and all help is greatly appreciated at this point.

Thanks!

[idainc]

I do not believe you are responsible for any and all fees and charges prior to the filing date.

[tcreegan]

HOA dues

Hello bruce2010,

Did you include them in the bankruptcy as a creditor? If you did not, you must serve them with the bankruptcy notice and the bankruptcy discharge papers. After that point, they cannot attempt to collect any fees/dues from the bankruptcy date and earlier.

The can collect on fees/dues that happened after the BK filing date.

They cannot attempt to collect any of the fees before your BK filing date. That violates federal law. For each time they try to collect debt from before your filing date, document it; who you talked to, what they said, have them write stuff down if possible, if not, you write down what happened.

If you included them in the BK, document each collection attempt after the BK file date.
If you did not include them in the BK, document each collection attempt after you gave them the BK notice w/ case # and file date.

Take these to your lawyer and ask if he/she will take the HOA to court for violating the orders of federal bankruptcy judge. The fines are substantial (hundreds, thousands) and multiplied by each time they did one, you can find you and your lawyer sharing a 5 digit number of $$

NOW, that having been said, you are responsible for dues after the filing date. They can try to collect on these, but watch it....they may try to sneak in the pre-BK debt, and then you have another violation.

A lot of HOA's think they are above the law. Haul them into court for a reality check, should get interesting.....

Tom in Colo

[idainc]

http://www.bkforum.com/showthread.php?t=58460