Just got harrassed by HOA

[Yvi]

I'm new here and I just wanted to vent.

Our HOA will not let us park in the condo's parking lot because we have to be up to date with our dues in order to get a decal. Our attorney sent a letter to the HOA's attorney stating that they have to allow us to park in the community since we are filing chapter 7 and are foreclosing on the home as well.

I went to the clubhouse today to pick up my decal and provided the board with a copy of the letter. They threatened to shut off our water if they could and told us in front of everyone that we are despicable human beings.

I'm so upset.

[francis]

yvi,sorry to hear your having such a bad time.what,did nothing bad ever happen to these people before?that they can be so threatening to you.some people fail to realize.how easily this can happen to them.there are many people on here that probably never thought they would have to file bk.but its happening now.dont let these people get you down.you have alot of people out here who are not judgemental and very helpful with your situation.buy the way.i dont believe they would want to be shuting off your water.you could hit them with a civil case for that one.

[Bell30656]

They also cannot deny you access to the property if you are still the deeded owner regardless of the state of the HOA fees.

[logansdad]

A lot of time HOA's are crossing many lines often opening themselves to many possible law violations. Ours decided one day out of the blue that they were becoming a 55 and over community. I quickly called the president and advised her of a possible age discrimination law suit. The thought was quickly dissolved.

[lrprn]

Be sure to notify your attorney about what happened at the HOA meeting. I'm so sorry to hear that you were humiliated publicly in front of your neighbors and friends.

However, these small-minded people can only hurt you if you allow it to happen. Don't waste one minute of your time worrying about this bunch. Your HOA board is worth less than a bucket of warm spit. You are doing what is necessary to save the financial future of your family, and that's what really matters. Let your lawyer handle this. They won't know what hit them if they turn off your water or do anything else to you in retaliation for filing.

[DeadManCrawling]

Yvi,

I have to disagree with some other posts.

First, let me tell you I HATE HOAs.

cannot stand them.

However, until you actually file, they can continue to abide by whatever foolish things their rules say.

If you are not paid up on fees, and they have rules that say such and such, they can enforce them.

Where they get into trouble is trying to enforce those rules after you have filed.

Also, all fees prior to filing date are not collectible.

Check with your attorney, of course, and weigh my opinion against the other posts and your own opinion.

I think the HOA has ridiculous power until the day you actually file.

After that, they are mostly impotent.

That has been my experience.

I wish you well, and hope this turns out in your favor regardless.

[OhioFiler]

Home Owners Associations are one of the great tragedies of the 20th century. You end up empowering a bunch of idiots. I wouldn't live in a HOA controlled neighborhood if the house was given to me.

[StartingOver08]

I don't know what state you are in, but DMC summed up the process very well.

Here is Fl it is common, and even allowed by statute, for the HOA to cut off access to the common area amenties for non-payment. However, they can not prevent your access to your own property (ingress and egress). If you are not current on your dues, they can have you use the visitor gate in a gated community rather than issue you a decal or clicker for the resident gate. They can NOT cut off your water.

But, as DMC pointed out, once you file BK, they are toothless.

[Bell30656]

In Georgia the HOA can cut off access to common areas but not stop you from entering, leaving or using your property. I think a lot of these HOA violations are caused by the people in charge of the HOA actually not knowing any better rather than deliberately trying to violate your rights.

Think about your most recent HOA election... Did the president purport to know the law? I doubt it. Ours simply promised to work harder to keep the common areas clean and to work on a few repairs that were needed. The election of HOA officers is just a big popularity contest.

Here's a piece of bad news for you, after the date you file CH7 the HOA can again begin assessing HOA fees upon you that you cannot discharge! As long as the property remains deeded in your name you are responsible for them!

[HHM]

I have to agree with DeadManCrawling, they probably can do what they are doing and bankruptcy cannot really stop them.

Granted, the BK will discharge the liability of any HOA fees that are due on or before your filing date. But you run into the same issues if you continue to accrue new HOA dues after filing.