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.
Let me know if you have any other questions. This question is still open, so please click "accept" and rate a 3 or higher for me to get credit! Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).