What to do if I stopped paying my HOA dues and filed bankruptcy a year later but the bank didn’t foreclose on me until a year after that and is now suing me?

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What to do if I stopped paying my HOA dues and filed bankruptcy a year later but the bank didn’t foreclose on me until a year after that and is now suing me?

I stopped paying my dues ovver 4 years ago. I just received a letter from the HOA that I owe delinquent HOA dues and I must pay or they will sue me in small claims court. I live in CA and my understanding is that the statute of limitations is 4 years for the HOA to sue me to collectet the dues. Am I incorrect?

Asked on June 18, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed for bankruptcy protection and receive a discharge of your debts, then all HOA dues owed before the filing would be discharged under the law. However, as long as you were on title to your property post bankruptcy filing and up through foreclosure, you would be obligated for those HOA dues personally.

The statute of limitations for payment of such dues owed is four (4) years on a common count theory of recovery where each month that the dues are not paid, you neeed to run four (4) years to calculate which HOA dues are time barred.


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