HOA Dues after BK/Foreclosure

[KT13]

Am I still responsible?
I am getting alot of conflicting advice from folks on forums, attorneys, etc..

The bank took over the property earlier this year.
My BK claim has been discharged/cleared by the courts.
I am still getting bills at $400/month from the HOA.
I was told not to pay them. That the bankruptcy cleared me of this debt and the fact that the bank has taken over the deed of the property means I am no longer obligated.
I just received a warrant in debt from the courts - the HOA has taken me to court for unpaid dues.
The lawyer who helped me with the BK/foreclosure won't help me unless I pay him more money - says this is an entirely different matter - I say he didn't advise me of any of this when we initially went thru the process and frankly I knew nothing about it to even ask. I can't afford to pay him MORE money.. I don't have any more money!

Advice?

[KT13]

Additionally, my partner and I were on the deed for the condo.
If I am cleared of this debt, is my partner still obligated since he did not file bankruptcy and was on the deed too?

[dingdong]

[bkisalastsol]

I just went to court for this issue... and....

I found this site to be helpful during my research. So I'm here to give my experience.
I was in 6 law suites last year and 3 this year. Not fun and it really sucks.
But the law is fair and just... as long as you do your home work and show up to court.

I filed CH7 and discharge 11-2009.
Then March I checked on line with the county clerks and saw the HOA of my primary home has file suit against me. NOT a lien but monetary suit in small claims... I was blown away. I called my BK attorney and he states since I left the property I was not responsible and fight it. Yes, even though I was still (and am still ) on title and appear to be the owner. Now this forum info and others made em feel like ... I am screwed.

I went to court and worked with a mediator and the lawyer for the HOA. Basically I had 2 tricks up my sleeve ( I will say more once this last hearing is pass) but one simple statement I said in my response saved my ass.

My HOA started to tow cars from the community that did not have the proper parking tags. They them implemented the policy that if you were not up to date on your dues they would not renew your tag. I argued that they would not allow me to live there OR rent out the unit by towing any cars.

Once I stated this the HOA lawyer started to work out a deal... now I owe nothing and they are going to rent out my unit to pay back the past due bill. AND if /when the bank forecloses on the unit I will not be responible for the difference in the balance... the lawyer is writing up an order now.

I found out later from a good friend, attorney, that by not allowing me to park my car the HOA created a constructive foreclosure. The actions of the HOA took away my rights to use the property given to me by the state of FL , bundle of rights. Therefor, they foreclosed on the proeprty and since I had no control of the property due to the HOA action, I do not have an obligation to pay monthly.

Bottom line, figure out what your HOA is violating against you and you can win. Many MANY MANY times the board members are power hungry retards that do not know the law and do not hire counsel to make policies. Many policies in the HOA docs and changes of the rules are NOT LEGAL. do your home work and find out what policy they put in writing that violates your writes.

Also going to court I found there is a legal counsel on site in the court house that will review your case for as little as 1$ as min. THis is really really cheap. I personally know many lawyers... and the smart ones will turn away busines alot since they do not know the court or type of case. What is great about a cheap solution like court house lawyers like this is they know the court and even the judge. This in house experience is better than an ivy legal educatoin in my opinion. Also, find court cases with the same judge like yours from online and/or talk to the county clerk... then sit in on the cases like yours and see what the judges says.

Use stall tatics on your case to make time to review the reaction of the judge... using stuff like this will give you an advantage that even attorney's don't have. Many lawyers are too busy and make too much money to invest time to scout out each judge... but with your ass on the line you will find time.

Good luck and never quit!!!!

[limage]

Wow, I guess every HOA situation is different. My condo assoc was quick to place a lien on my property last year when I was 4 months late. They started foreclosing and I filed Ch 7 in November. I included them in the BK surrendering the property to them and the bank. They picked up where they left off after my discharge and last week they bought the condo at auction for $100. I'm not really sure of their game plan, as it is WAY upside down. I guess they are renting it out until the bank forecloses, but one thing I do know - it's not my problem!

[ryan]

I
Bottom line, figure out what your HOA is violating against you and you can win. Many MANY MANY times the board members are power hungry retards that do not know the law and do not hire counsel to make policies. Many policies in the HOA docs and changes of the rules are NOT LEGAL. do your home work and find out what policy they put in writing that violates your writes

Good luck and never quit!!!!

Thanks for this post, and boy is this true!...I have had dealings with my HOA and it astounds me some of these board members can tie their own shoes.
They are finally coming around to understand getting some money from me is better than nothing.

[bkisalastsol]

Thanks for this post, and boy is this true!...I have had dealings with my HOA and it astounds me some of these board members can tie their own shoes.
They are finally coming around to understand getting some money from me is better than nothing.

If you are living there then paying what you can afford is a good idea. If you are not living there give them permission to rent out your unit.

Typically the rent can pay off some of the balance and the current month's dues.

If the banks want to play the delay game let them. The HOA can rent out the unit with your permission and get money. I would then suggest the HOA to use excess money to do a reverse foreclosure on the bank. For about $3,000 (court fees and lawyer fees) there are cases in FL where the HOA has forced the bank to take title in 24 hours by court order. A few of these cases have been reversed but I think if more HOAs would take this type of action the banks would stop playing the delay game.

Once the bank has ownership of course they are repsonible for most of the HOA dues and every month there after. Most of the times the bank only pays 6 months of back payments but this varies.

[strezzed]

In some states, HOA fees are considered secured debt (i.e. Colorado).