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Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
HOA's run with the land, so while you techincally can discharge amounts owed when you file your case, they can and do have an automatic lien on the property
So, if you don't pay all that you are required to pay, they can evict you.
You will be on the hook for assessments from the date of case filing forward too.
So, they can collect on post filing assessments, have an automatic lien for the pre-filing amount, and can evict you for breach of contract.
Yeah, if you have HOA, you have to pay, even if you were surrendering too!
They can't collect monetarily from you for that pre-filing amount, but they can put a lien on the property, which will entitle them to be paid once you sell/refi.
The point is that it isn't fair to burden the other owners with your share...if you can picture that
You could try to get the lien invalidated, but they would still have the automatic lien as a HOA.
so they could put the lien on the prop now even.
Yeah, it's a tough rule.
Sure thing. Wish I had better news for you. You may be able to negotiate with them, you never know.
Thanks and good luck.
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