Are HOA dues dischargable via BK?

[mixer99]

Hi gang...are homeowner's association dues dischargable via BK? We are currently behind this year and last's, and they are adding 30 dollars per month late fees. They have NOT put a lien on the property....and we will be filing for BK in the next 6 mos or so.

Thanks!

[HHM]

That is an interesting question, and the answer probably is, it depends.

1. Are you surrendering the house/condo?

If the answer is no, then they are not discharged as to the home (i.e .they still have the lien right and the right to lien the home).

If the answer is yes, then yes, the HOA dues are no longer your responsibility.

In most states, (probably all), HOA dues are attached to property, not the individual (kind of like property taxes). Thus, if you keep the underlying property, then the HOA can still lien the home even after the BK for all past due HOA dues.

[mixer99]

Thanks HHM. We have two homes and four mortgages, and we will be keeping the one that has HOA dues. It sounds like, in general, we need to find a way to pay the dues sooner or later or face a lien.

Thanks for the advice. Our attorney's parallegal had said pretty much what you did, but I always need 2nd opinions.

[2muchstress]

one of the houses i filed chapter 7 for, recently billed me with hoa up to this day. they said they werent informed that i had filed. im to fax them the discharge letter... yet not sure what's expected to happen to me.
home is sold in march to someone. yet i got discharged in feb. ive been behind since last year november... any info?