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Association Charged me a monitoring fee?

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    Association Charged me a monitoring fee?

    Hi Guys,

    Discharged 12/31/08, was doing a pay and stay, and then decided to let the place go. So I'm letting it go into foreclosure, was served with a NOD in October, thought nothing of it, and got a statement today that my HOA is charging me 205 dollars for a monitoring fee? That's the same cost as my association. So does this mean that when it goes to court and I'm served again, they'll charge me another 200 dollars and so on?

    This is ridiculous.

    Jeff
    Filed Ch 7: 12-31-08 in IL (Equifax) 469
    341: 2-13-09 --- Held and Concluded 538
    Discharge: 4-15-09 - 601 NOW
    I came, I went, I saw, I was discharged. Thank god for this board.

    #2
    Also, I'm in Illinois, am current on HOA, automatically gets deducted every month from my checking account.

    Thank you,

    Jeff
    Filed Ch 7: 12-31-08 in IL (Equifax) 469
    341: 2-13-09 --- Held and Concluded 538
    Discharge: 4-15-09 - 601 NOW
    I came, I went, I saw, I was discharged. Thank god for this board.

    Comment


      #3
      The bankruptcy code makes you responsi9ble for ALL post-bankruptcy fees on HOAs. Unless there is some statute in your State bankruptcy code, you may be responsible for these fees. Whether the fees are allowed is based on Statute and what's actually in your HOA bylaws. If the ability to collect attorney or other fees is in those HOA bylaws and the State's Statute allows them to collect them, then you are liable.

      Now, whether your lender will pay them is another story. In Florida, we have a law which makes the first 12 months (or 1% of the mortgage balance) of HOA dues/fees the responsibility of the lender.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Stop that auto bill pay now! Are you still living in the place? If so, you owe the HOA dues. Monitor fee needs an explanation. I could say I'm monitoring my neighbor every time I pass his house just to make sure all is well with him. Should I bill him for that? I think not. What the heck is a monitor fee? 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

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