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Old 09-18-2010, 07:55 PM
 
2 posts, read 5,006 times
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can CA HOA collect past dues on condo/HOA dues discharged in BK/foreclosure 3/08? I surrendered/moved fromthe condo in 6/07, but just recd demand for 23K dues period 8/07-current. The attorney handling the BK/foreclosure said HOA/collection agency is in violation of the BK discharge, but a 2nd attorney say HOA can try to collect as condo title is still in my name which is untrue as I ran a title search yesterday. Can they collect via sale of condo (which is fine with me.) My fear is if they try to garnish wages, sue or ruin my (rebuilt) credit. HELP PLEASE & THANKS, M. Noe..
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Old 09-19-2010, 04:07 PM
 
Location: Barrington
41,911 posts, read 31,752,284 times
Reputation: 14088
Have your attorney make relevent Section 523 (16) of the Bankruptcy Code to the dates of your actions:

Section 523- Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a dwelling unit that has condominium ownership or in a share of a cooperative housing corporation, but only if such fee or assessment is payable for a period during which—
(A) the debtor physically occupied a dwelling unit in the condominium or cooperative project; or
(B) the debtor rented the dwelling unit to a tenant and received payments from the tenant for such period,
but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;
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Old 10-03-2010, 08:09 PM
 
2 posts, read 5,006 times
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Default Can CA HOA collect past dues on condo/HOA dues discharged in 2008 BK/foreclosure?

Thanks for you response, but I am not sure if it says I DO or DON'T owe past dues? I vacated the property 6/07 so didn't live there even before the BK (surrendered to the lender,) did not rent it out, so does the BK/foreclosure protect me from past dues or not? The last few lines of your response are a little confusing. Pls respond ASAP and THANKS, I sure appreciate your help, Michele N.
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Old 10-05-2010, 06:36 PM
 
Location: Barrington
41,911 posts, read 31,752,284 times
Reputation: 14088
My take is that you are on the hook.

The real purpose of my response was to advise you to contact a real estate attorney in your state for a legal opinion.
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Old 10-05-2010, 07:10 PM
 
Location: Baltimore, MD
3,701 posts, read 3,997,002 times
Reputation: 6737
My reading is that you are not on the hook. However, I'm not an expert in the field of bankruptcy nor am I privy to the facts in your individual case. Therefore, if I were you, I'd pay the bankruptcy attorney to deal with it.
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