Will Homeowners Association Dues be discharged in chapter 7?

[Epic]

The NOLO book says yes but only under Chapter 13 and later it says yes under Chapter 7, so I am confused.

I am current on the actual dues, in fact I have never missed a payment, however six years ago I was fined for 'dog damage to lawn' when at the time I didn't even have a dog. They refused to remove the $50 fine at the time and continued to mark my account as late thus charging $10/m late fee. I constantly tried to resolve this and have documented proof. Typical association deaf ears. We get our statements at the end of each year and today mine said I owe over $700. I called and said I will just pay the $50 to close this and they said no.

It's never showed up on my credit report but I do know they have taken other homeowners to court over non-payment of dues.

Will this survive Chapter 7 bankruptcy?

[HHM]

It will be discharged as to you personally, meaning they cannot sue you, get a judgment and raid your bank account or garnish wages; but the HOA's right to lien your home will survive a BK.

[dasmom]

deleted

[scorpion35]

The NOLO book says yes but only under Chapter 13 and later it says yes under Chapter 7, so I am confused.

I am current on the actual dues, in fact I have never missed a payment, however six years ago I was fined for 'dog damage to lawn' when at the time I didn't even have a dog. They refused to remove the $50 fine at the time and continued to mark my account as late thus charging $10/m late fee. I constantly tried to resolve this and have documented proof. Typical association deaf ears. We get our statements at the end of each year and today mine said I owe over $700. I called and said I will just pay the $50 to close this and they said no.

It's never showed up on my credit report but I do know they have taken other homeowners to court over non-payment of dues.

Will this survive Chapter 7 bankruptcy?

u should of paid the $50 while u could

[gls007]

u should of paid the $50 while u could

I disagree with paying anyone (especially HOA/POAs) for something you were not guilty of. My C7 in NC covered all of our POA fees/dues/extortion money (whatever you want to call it)

[AngelinaCatHub]

I disagree with paying anyone (especially HOA/POAs) for something you were not guilty of. My C7 in NC covered all of our POA fees/dues/extortion money (whatever you want to call it)

I certainly agree. How can you do "dog damage" to a lawn? Particularly without a dog present? LOL. I would present a lawsuit back for extortion and even possibly go to State Attorney over same. Sounds grossly wrong. I would NOT put down on your forms that you owe anything to the Ass-ociation. This would be tantamount to admitting the debt. Just list them of course as you would have to anyway but not as a creditor. Or,,,,,put down $1.00 with "dispute" on the form. 'Hub

[HHM]

I certainly agree. How can you do "dog damage" to a lawn? Particularly without a dog present? LOL. I would present a lawsuit back for extortion and even possibly go to State Attorney over same. Sounds grossly wrong. I would NOT put down on your forms that you owe anything to the Ass-ociation. This would be tantamount to admitting the debt. Just list them of course as you would have to anyway but not as a creditor. Or,,,,,put down $1.00 with "dispute" on the form. 'Hub

Correct, you DO list them HOA as a creditor, and you CAN/SHOULD list what the HOA says you owe, but simply mark the debt as disputed. The disputed check box is how you protect yourself.

[tcreegan]

FYI Epic, you do owe HOA fees past file date until you get your name off the deed...