What to do if I have not paid homeowner association fees for 3 years and I’ve received court papers that it’s pursuing a lien on the property?

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What to do if I have not paid homeowner association fees for 3 years and I’ve received court papers that it’s pursuing a lien on the property?

The work they had been doing on the property has been terrible. Or they do things that don’t need done (i.e. replacing mail boxes) without my input. The mortgage is upside down and I have no plans to sell anytime soon. I’m also in a Chapter 13. With a lien on the property, will they pursue other collection activity? Should I go to the court date? Should I resume making payments?

Asked on July 7, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are in a Chapter 13 bankruptcy, the HOA should not even be liening your property due to the automatic stay under 11 U.S.C. section 362 in effect as a result of the filing.

With respect to the court papers that you have received, you need to advise your bankruptcy attorney, the trustee and the court about the H0A's intent as to you.

I suggest that you consult with your bankruptcy attorney as to attending the hearing date regarding the HOA's matter against you and whether you should resume making payments as to the monthly dues for your unit. My sense is that the bankruptcy court will need to make a decision on this issue and not some state court.


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