An owner in our Homeowners Association was not paying his quarterly fees and the HOA put a lien on the property, which does not have a mortgage on it. He moved out of the house, filed Ch. 7 and received a discharge. Our understanding is that the HOA cannot collect the past due fees.
Two questions: 1. Is the lien we filed still in effect?
2. Since he still owns the property, can the HOA bill for quarterly fees from now on? And if they are not paid, go to Small Claims court?
Thank you for your help!
Chapter 7 Bankruptcy Attorney
Your lien is still in effect unless the debtor file a motion with the court to avoid it (meaning take it off the property). If he filed such a motion, then the HOA should have received notice of the motion so they could go to court and object. Now that the case is discharged, the HOA can continue to assess fees while he is the legal owner of the property.
AS a follow up to the previous answer, the HOA can also file a foreclosure action on the property and collect its fees from the sale of the home. The owner may want to pay before the sale occurs.
Yes to both questions. You can still foreclose on the HOA fees.