Can I stop paying my HOA fees?

[fltoo]

So, to understand this correctly, the fees before BK filing are discharged, but after filing date, they once again become the responsibility of the owner?

I know they can put a lien on the property for the fees. Wonder if they can get a personal judgment against you?

Still though, if you stop paying the condo fees, and the bank sells the property, the bank or new owner has to settle the fees before the property transfer. A transfer cannot take place with any clouds on the title.

Friend just short saled two properties and I know she hadn't been paying the assoc dues. I will ask her to pull the HUDs and see who paid the outstanding fees.

[jribe]

I'm going to walk away from this condo no matter what so can I stop paying these thieves $165 a mo?

if you look through you HOA contract- most say they are non-dischargeable in BK. I believe you would still owe the debt. You should check with an area attorney to be sure.

[justbroke]

Thanks again JB! Ever think of a second career?

Yeah, but I'd be the subject of a variety of jokes, including, but not limited to, how I found my law school on a matchbook cover. Or, some other joke about attending law school at night.

[BillyRip]

Thanks again JB! Ever think of a second career?

You are responsible for all HOA dues and fees. These are the only exceptions;

• You sold the home, at which time all fees are settled during closing. You are not responsible for any fees after the closing date.
• You filed Bankruptcy, but surrendered your home. All fees and dues are your responsibility from the time you filed Bankruptcy until the time the deed was modified!
• You filed Bankruptcy, but kept your home. All fees and dues are your responsibility. You cannot discharge HOA fees. 11 USC 523(16). Therefore, you must pay the fees or be subject to standard collection tactics, including but not limited to foreclosure.

No. You must pay until the deed changes hands.

See above. You are responsible from the day you filed. This is regardless of who owns the home after the deed changes. You are responsible from the day of filing for Bankruptcy, until the day the deed changes hands.

[justbroke]

You are responsible for all HOA dues and fees. These are the only exceptions;

• You sold the home, at which time all fees are settled during closing. You are not responsible for any fees after the closing date.
• You filed Bankruptcy, but surrendered your home. All fees and dues are your responsibility from the time you filed Bankruptcy until the time the deed was modified!
• You filed Bankruptcy, but kept your home. All fees and dues are your responsibility. You cannot discharge HOA fees. 11 USC 523(16). Therefore, you must pay the fees or be subject to standard collection tactics, including but not limited to foreclosure.

I'm going to walk away from this condo no matter what so can I stop paying these thieves $165 a mo?

No. You must pay until the deed changes hands.

Now that I think about it, I wonder what happens to the fees that are still accruing after my filing. Hopefully, they are included. Anyone know?

See above. You are responsible from the day you filed. This is regardless of who owns the home after the deed changes. You are responsible from the day of filing for Bankruptcy, until the day the deed changes hands.

Okay, so now that I wrote that, and what I wrote is what the rules are.... some Banks have paid all HOA fees when foreclosing upon the home. However, there are banks that are smart and won't pay the HOA fees and you are responsible for them.

[DivorceRuinedMe]

I'm in the thick of this problem right now. I stopped paying my HOA dues when I left the house in 2007. It was only $425 but at the time, I didn't have the money to pay. I filed C7 in 11/07. The house was included in the bankruptcy.

I was served about 4 or 5 months ago b/c the HOA decided to sue me for that money even though the house was included in the bankruptcy. My lawyer said she's NEVER seen this happen before. She said that HOAs are getting more daring now b/c of all of the money they are losing to the foreclosure crisis.

I filed an answer with the court that I included the house in the bankruptcy and that I shouldn't be liable for the dues. I have not heard anything about it since then and I'm not even sure where to go to see if the case was decided. I figure no news is good news. If it ends up where I need my lawyer again b/c it didn't go my way, she said to call her.

So....I think I would talk to your lawyer (if you have one) before you stop paying and see what he/she says first.

[fltoo]

I stopped paying my condo fees of 350. per month when I stopped paying the mortgage in Sept. 07.

Foreclosure is still pending, no sale date yet. So, condo fees still accruing.

I included the fees in the BK.

Now that I think about it, I wonder what happens to the fees that are still accruing after my filing. Hopefully, they are included.

Anyone know?

[JRScott]

I believe you still have to pay that until discharge.

[BillyRip]

I'm going to walk away from this condo no matter what so can I stop paying these thieves $165 a mo?