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.
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.
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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
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Paul M. Gaide, Esquire
Law Offices of Paul M. Gaide
P.O. Box 280312
Lakewood, Colorado 80228-0312
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.