QUESTION
Can HOA collect on dues that were included in our bankruptcy and garnish our wage?
Asked on Jul 12th, 2012 on Bankruptcy - Florida
More details to this question:
HOA is trying to collect $5,800 in dues and "administrative" fees from us. Our home and HOA dues were included in our bankruptcy, which was discharged in 2010. I was told there is a new law that says HOA's can collect on those dues and this law is retroactive. They are threatening to garnish our wages. Is there anything we can do?
2 ANSWERS
Burton J. Green
Any dues and other fees owed the HOA that had been owed when you filed were discharged. However, you remain liable for all HOA fees, assessments that become due after the date that you filed bk as long as title to the home remains in your name.
The title remains in your name unless there was a foreclosure sale or you transferred title to someone else. Simply "surrendering" the property in a statement of intentions does not transfer title out of your name.
Answered on Aug 15th, 2012 at 12:09 PM
Commercial Bankruptcy Attorney serving Davie, FL
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The HOA can obtain a money judgment for the amount of dues after the date of filing the bankruptcy. They first have to sue and obtain the money judgment before you can be garnished. (Not just a foreclosure judgment).
Answered on Aug 14th, 2012 at 1:46 PM