Another HOA thread...

[Amy26]

So, I'm at a crossroad here...

For the last 2 years I've been paying my HOA dues in chunks of money. The developer actually paid my HOA dues for me for a year as part of my deal...then after that I paid the dues up for like 6 months ... last year before I moved to Denmark I paid the dues up for like 10 months or so, so I wouldn't have to deal with it.

When I checked my account balance in May I had about 599 dollars left. So, I'm guessing my June and July payments are covered (bout 229 a month).

My question is... as I know I'm liable for the payments going forward till they take my condo back... what should I do?

1. Make the monthly payments myself (which my lawyer did not include on my expense thingy).
2. Ask my renters to pay the condo dues (they are already living there free). I asked my lawyer if this was acceptable and he said ok as long as they are paying the fees to the condo people and not to me. And of course they would have to agree to do this after I told them they didn't have to pay anything....
3. Do not pay them... and let them pile up and hope they don't sue me before the condo gets sold?

[StartingOver08]

Approach your tenants about option 2, after all they are the ones that are benefiting directly from both your BK (by not paying rent) and the condo amenities which your fees provide. A reasonable tenant would see the logic of paying the condo fee rather than rent.

You could point out that the condo association has the right to foreclose on the property without the payment of fees and they move much faster than the mortgage company in the persuit of foreclosure. I have even heard of condo's not allowing access to the amenties if the fees remain unpaid. From what I have read the condo is not allowed to prevent access, its that they try to force payment by cancelling cable etc.

In the end, it is a difficult situation for you right now. Hopefully your tenant will see the light and pay the fee directly to the condo association.

[bellessima]

Approach your tenants about option 2, after all they are the ones that are benefiting directly from both your BK (by not paying rent) and the condo amenities which your fees provide. A reasonable tenant would see the logic of paying the condo fee rather than rent.

You could point out that the condo association has the right to foreclose on the property without the payment of fees and they move much faster than the mortgage company in the persuit of foreclosure. I have even heard of condo's not allowing access to the amenties if the fees remain unpaid. From what I have read the condo is not allowed to prevent access, its that they try to force payment by cancelling cable etc.

In the end, it is a difficult situation for you right now. Hopefully your tenant will see the light and pay the fee directly to the condo association.

I have not filed chapter 7 yet and am still collecting rent from two tenants. Is the rent included in the means test?
How do I disclose this?

[Amy26]

Yes, rent is considered income and you have to include it.

Luckily, I was able to get my tenants to agree to pay the HOA fee.... so, all is now right with the world. ;)

[sako]

don't take my word for it, but if i can do it over again i would collect the rents and don't make a mortgage payments for couple of months before filing. My case was I file my ch7 without start to miss any payment on my rental property. So, after filing the trustee collected all my rents.