I am considering bankruptcy, can I include my HOA dues.

Asked almost 2 years ago - Aurora, CO


Attorney answers (5)

  1. 8

    Lawyers agree

    Answered . Yes, but........
    Your HOA fees are secured by a lien against your property which means that as long as past fees remain unpaid you will be unable to refinance or seek your property without first satisfying that lien. While pre-bankruptcy HOA fees are dischargeable, if you wish to remain in your home they will most likely have to be paid eventually.

    You should consult with a bankruptcy attorney to aid you in determining what your best options may be.

  2. 7

    Lawyers agree

    Answered . In addition to the remaining lien against the property, you will be liable for all HOA dues that come due after you file the bankruptcy until title passes to another entity through sale or foreclosure.

  3. 3

    Lawyers agree

    Answered . Dear Aurora:

    Based on your question, it appears that the other contributors have adequately answered your question. If you have a unique fact pattern or other issues which you would like to discuss, please contact me.

    Best regards,

    Paul M. Gaide, Esquire
    Law Offices of Paul M. Gaide
    P.O. Box 280312
    Lakewood, Colorado 80228-0312
    Tele: 303.619.7500
    Facsimile: 888.391.4144

  4. 3

    Lawyers agree

    Answered . In CO, those HOA dues that are owed at time of filing bankruptcy can be included. But note, that doesn't mean the HOA cannot place a lien on your property for those past due amounts. HOA dues that come due after BK are still your personal responsibility until you unload the property.

  5. 4

    Lawyers agree

    Answered . Only those dues that are owing as of the date you file your bankruptcy petition. Any post-filing HOA dues are still YOUR responsibility up until your name is off the title.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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