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HOA Fee on Foreclosed Property

I surrendered my home to the bank. The HOA wants its quarterly fee and says I am responsible. What can I do to prove otherwise?

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?

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Bill's Answer
(6 Votes) | Find Learn Save

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.

I hope this information helps you Find. Learn & Save.



(6 Votes)
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  • S
    Oct, 2010
    the new purchaser will end up paying the fees , when they close, just walk away , so many are doing this now. My HOA , im on the board have found a way to get the funds paid to them from the sale of the house , im not sure how but it is happening. good luck and enjoy life , money too much a worry for ua all now , let alone paying extra for the few streets we live in.
  • CC
    May, 2010
    Tell the HOA to pound sand. Once the property has be foreclosed on and then executed. You dont own the property. Any liens will be against the property owner (the bank) and not you. They know this and they dont want to deal with the bank. They want money. From you ro the bank, they don't care. You are easier to intimidate.
  • BA
    Feb, 2010
    Well, you were successful in negotiating a payment plan. It is reasonable to assume you might be able to negotiate the late fees as well. One tactic to employ is to firmly suggest that the late fees were outside of the settlement agreement, and that if the HOA continues to breach to settlement agreement you will file a claim in small claims court.
  • D
    Feb, 2010
    I was late in HOA fee's last year. I have worked out a repayment program. They are attempting to charge me late fee's on top of late fee's from last year, even called the accountant and instucted him to do it. How would you recommend I proceed?