Q: How does filing bankruptcy affect HOA fees?
A: Generally, they are still secured by the real property and you still have to pay them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Filing for bankruptcy does not eliminate HOA fees. These fees are considered a part of your ongoing obligations and are typically not discharged, meaning you are still responsible for paying them even after filing. If you have an active HOA account when you file, the fees that accrue during your bankruptcy process may be included in your bankruptcy case. However, future dues or fees incurred after filing will remain your responsibility.
Bankruptcy might provide some temporary relief from other types of debts, but HOA fees will continue to accumulate. If you are in a Chapter 7 bankruptcy, unpaid HOA fees that were due before filing can be included in your discharge, but fees that arise after the case is filed are not discharged. For Chapter 13 cases, your repayment plan may address past due HOA fees, but ongoing fees will still need to be paid.
It’s important to stay in contact with your HOA during the bankruptcy process to avoid any surprises. The HOA can take actions like liens or even foreclosure if you fail to pay your dues. Bankruptcy may protect you temporarily, but once the case is complete, you must resume paying your fees.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
