HOA Statement After Filing

[nioka]

I filed chapter 7 mid March 2014.
I have not paid my HOA fees for months but I have always received my billing statement on the 3rd.
This month (April) I did not get a statement.
I was under the impression that the HO is responsible for HOA fees after filing. Is this typical during a bankruptcy proceeding?

[keepmine]

You are protected by the automatic stay prohibiting collection activity. Looks like the HOA is just following the law.

[LadyInTheRed]

The automatic stay only applies to the pre-petition HOA fees. But, they may stop sending statements because they don't understand that or because they are being cautious. If you want to pay the post-petition fees, call the HOA and ask them to send statements for those post-petition fees only. Or just send them a check with a note making it very clear that it is to be applied only to the post-petition fees. Keep a copy of the note and check in case they try to say later that you are delinquent. Even better, send it certified mail, return receipt requested.

[nioka]

One of the many issues I had with my HOA is that they combine all assessments into one bill without breaking down the costs. My HOA costs are fees and a fine. One attorney told me that if I elected to pay there is no way to discern what I was paying on. The HOA refused to separate the two assessments.

Once again the pre HOA assessments are dis chargeable but the post HOA fees are not. Without a statement there is no clear way to know what I am paying on or where the funds would be applied. No other business could operate like this.
Every month I have received a statement via email prior to filing. I should not be held responsible for the ignorance of the HOA in bankruptcy matters. IMO, as they have always sent me a statement in the past and I have the right to expect a statement after filing bankruptcy. As they did not I have no obligation to pay until I received a proper bill. I will put the money away.

BTW, my bankruptcy attorney has advised me not to pay the HOA assessments unless I wanted to use the amenities that paying those fees provide. As I am surrendering the house which is upside down, have no assets, and have a bullet proof income, there is nothing the HOA can do to collect. However, I do feel that paying the HOA fees is an ethical obligation that I am willing to pay going forward.
Contacting my HOA in the past has proved to be a waste of time as it is run by a management group more concerned with profits than the well-being of the homeowners. I am certain that requesting a billing for post fees would only result in a disaster as this group has no problem distorting the truth or out and out lying.

[mynameainttracy]

I was wondering, what kinds of services does your HOA provide? Is there a pool or other luxury amenity or is it just the flowers and sign at the entrance to the neighborhood?

[LadyInTheRed]

IMO, as they have always sent me a statement in the past and I have the right to expect a statement after filing bankruptcy. As they did not I have no obligation to pay until I received a proper bill.

Your opinion might not be consistent with the law. You might want to check with your attorney.

Don't you have a fixed monthly fee? If you want to pay the post-petition fees, you could just pay that amount along with a letter stating the payment is to be applied towards post-petition fees only. If they try to apply to pre-petition fees, you can sue them for violation of the automatic stay. Putting the money aside sounds like a good solution too.

You seem to be conflicted between what your attorney advises and what you believe is ethical. It doesn't sound like you think your HOA has acted ethically towards you. So, why are you so concerned about treating them ethically?

[mynameainttracy]

You seem to be conflicted between what your attorney advises and what you believe is ethical. It doesn't sound like you think your HOA has acted ethically towards you. So, why are you so concerned about treating them ethically?

That is exactly what I was thinking.

You have taken a big step by filing bk. It is a tough decision that most of us have had to struggle with but if you are entitled to keep that money and help yourself rebuild, I would do just that.

[bcohen]

You seem to be conflicted between what your attorney advises and what you believe is ethical. It doesn't sound like you think your HOA has acted ethically towards you. So, why are you so concerned about treating them ethically?

I agree. Your underwater mortgage, together with the HOA fees and penalties are what made you file for bankruptcy in the first place! Furthermore, you are planning to lose the house to foreclosure anyways. So why do you give a s*** about the HOA, of feel that there is some kind of "ethical obligation" to pay them anything going forward? They didn't follow their "ethical obligation" to you, now did they?

[nioka]

To clarify, my sense of obligation was to a few immediate neighbors. After reading your posts I thought about the HOA board hearing I attended in reference to my fine. Those were my neighbors too and that hearing was one of the worst kangaroo courts I ever witnessed. The fact is that my sense of obligation is misplaced. Thanks for pointing that out.