I surrendered my home to the bank in a personal Chapter 13 bankruptcy. I lived in the home for 10 months and have paid my HOA fee during that time. Now that I am moving out of the home I have not paid the last quarter's HOA fee because it belongs to the bank. The HOA management company say I am still responsible for them unless I can produce a deed with the bank's name on it. Is this true?
I know of no state or federal laws that control how home owner's associations bill their members. Accordingly, the HOA's rules and bylaws will control. If the rules are silent on this issue then common sense applies.
My guess -- note my word choice -- is that the HOA wants you to provide it evidence of the ownership of the property so that it can go to that party with the evidence you provided in-hand and show the owner that it owes the HOA the quarterly fees. In other words, the HOA wants you to do its homework, which is a reasonable request in my humble opinion.
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