Your bankruptcy counsel can best advise you on what to include in your debt statement for the bankruptcy proceedings.
As well, given our situation, you may decide to file for a style of bankruptcy that schedules payments you make over an extended period to retire your debts instead of discharging them.
Your bankruptcy attorney can help you add assessments due and owing up to the date of your filing. Assessments incurred post filing are due and owing.
Homeowners are typically required to pay HOA fees for as long as they own the property, as outlined in the HOA agreement.
Yes, it is possible to pay HOA fees in advance.
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
The HOA balance sheet includes information about the association's assets, liabilities, and equity. This document provides a snapshot of the HOA's financial position at a specific point in time.
Best practices dictate that you work with your bankruptcy attorney to answer your questions specifically.
The association counsel that filed the lien for the association can answer your question.
Your bankruptcy attorney can help you add assessments due and owing up to the date of your filing. Assessments incurred post filing are due and owing.
No. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.
It can place a lien on your property that must be paid from the proceeds of the sale.Also, the buyer's bank will require a title examination to disclose any liens, encumbrances or defects in the title. One of the responsibilities of the buyer's attorney is to make certain there are no common charges or municipal charges due. The seller must clear up any liens or encumbrances that are reported.
Yes.
You work with your association attorney, not any state office, to prepare and file the document you want. Be prepared to show proof of unsatisfactory collection procedures -- that are documented in your governing documents, that must be followed in advance of filing a lien for unpaid assessments.
They should have collected this from the seller at closing. Usually the title company will contact the HOA to find out how much is due. The year's dues should be prorated according to what portion of the year that the seller owned the home and what portion that the buyer owned it. It is possible that the buyer gets a credit for partial HOA dues on the closing statement, then must pay a full year's dues to the HOA. Or the title company may pay dues directly to the HOA out of funds from closing. Check with the title company to find out what exactly happened at closing.
If the same owner has built up years of past-due assessments, the HOA can collect them all. If you purchased a home with past-due assessments, and the HOA did not step in before title-transfer time, it is unlikely that you as the new owner are responsible for past-due assessments that the board failed to collect from the previous owner.
Read your governing documents to determine that you have an automatic lien on a unit based on monthly assessments.Contact a condominium-savvy attorney and with your governing documents and the unpaid unit's assessment ledger, determine the amount of the formal lien to be filed with the local court.
Any legally established Condominium or Home Owners Association incorporated under the laws of the state has the power to file a lien for unpaid dues and assessments. Check the state laws governing these associations.
Best practices dictate that you work with the association's attorney to identify the proper lien to file, and to follow the process required to file such a lien. An improper lien, filed improperly will give an owner an 'out'.