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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption