Pre/Post Discharge HOA fees?

[Freddy03]

Hello everyone - long time no post I hope everyone here is well.

Question: Before we filed we owed about $900 in HOA fees. I don't think I included them in our BK because my attorney never asked if we owed anything. I just assumed it was included with the house stuff (I know stupid). About 16 months ago I started making monthly payments to pay the balance down because we got a new board and they threatened to put a lien on the property. There wasn't a lien before we filed. So I've been paying them every month. I have been asking for a statement for months and I have been getting the run around stating it was mailed or the secretary has had numerous excuses why I can't get one. The HOA board is real shady. I didn't mind paying the payments but since I'm getting the run around I'm annoyed by it. So my question is did I even owe those pre-discharged HOA dues?


Also, our mortgage co has started the FC process also so I don't want to do anything to make the HOA file their own FC.

I'm Orange County Florida (if that matters).

Thanks

[LadyInTheRed]

Pre-discharge HOA fees are dischargable. Even if the HOA did not get notice of your BK, they would still be discharged if your case was a no-asset case.

I suggest you write a letter to the HOA and tell them that you will not make any more payments until they give you an accounting of all fees, including those you have paid over the last 16 months.

[AngelinaCat]

Even in an Asset case, the fees should be dischargeable. While we didn't and don't have to contend with HOA fees, here is a similar situation that happened to us: While we were in the midst of our BK, Southern Bell Telephone, with whom we had unlimited long distance, was taken over by AT&T. They could not inform us of this because of the automatic stay. Once we were discharged, we were slapped with a $526 bill for long distance. We couldn't pay it and refused to. We sent a copy of our Discharge order along with a C & D letter to AT&T and to every subsequent junk debt buyer they sold it to. Everyone eventually go the picture.

Your problem is that you muddied the water by making payments. I hope it works out for you.

[Freddy03]

I made the payments because they threatened to put a lien and file FC quickly. The payments that I made would take care of any post BK HOA dues.

[Freddy03]

Thanks for the replies - I did receive an email this weekend from the HOA with my balance. That was it.

I'm going to write them a letter today.

[Freddy03]

Another question - The payments I've made should cover any post-filing HOA fees. Can the HOA file a lien and attempt to FC on the property now?

We are still living in the house until mortgage FC process is done.

Thanks!