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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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We have had to file bankruptcy listing our HOA. Today I

Customer Question

We have had to file bankruptcy listing our HOA. Today I received an email stating that we are not permitted to use, be on our amenities or assist in volunteering for events to bring unity to iur community. Our bankruptcy is current and confirmed is this fair?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Unfortunately, while chapter 7 Bankruptcy can discharge personal liability for any HOA dues prior to the filing of the Bankruptcy petition, the HOA would still hold a lien against the property and can foreclose on the property and also has the right to deny HOA owners who owe any HOA fees (even if discharged in Bankruptcy) access to any of the HOA amenities or participation in any of the HOA administration / activities.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 1 year ago.
It was chapter 13
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Same answer, since the HOA can still place / hold a lien on the property / foreclose and deny access to
HOA amenities, until any delinquent fees are paid in full.

I wish you the best of luck!

Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.