Legal Question in Bankruptcy in California

I am in CA, I was served a summons last week from my HOA's law firm. They are seeking $3500 in past due HOA fees and late fees plus attorney and court costs. I was fined back at the beginning of 2008 for what they called a structural violation, I disputed it, but we continued making our monthly payments, that fine makes up about $1500 of the total. We filed for ch.7 and recieved a discharge in 09/08. From that point on we didn't make payments on the mortgage or the HOA, our home was foreclosed on in January 2010. The summons says I have to respond within 30 days, I contacted the firm listed on the summons, was told to email one of their rep's, I did, they wanted to know when the forclosure was, but gave no other information. What am I actually responsible for, and what should I do next? If I am responsible for paying back money, can I work it out with the HOA directly or do I now have to respond to the court?


Asked on 2/23/10, 9:14 pm

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Pre-petition (i.e., before the filing date) HOA dues are dischargeable. Dues incurred after the filing date are not covered by the discharge order. You could ask the HOA's counsel if it's all right that you contact their client directly.

Standard disclaimer: the above statements are opinion with a general, rather than specific application provided for informational purposes only; they do not constitute legal advice, do not create an attorney-client relationship, and should not be relied upon as they do not anticipate all conflicts, contingencies and factors of which only an attorney of record would know. Congress keeps busy legislating and these statements may not reflect the current state of the law.

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Answered on 3/01/10, 9:20 am


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