Is there time limitation for HOA before trying to collect for past accounts?

Six year statute of limitations on the collection of a debt. It runs from the date of the last payment. The collection period may be tolled during the BK period (approx 4 mos). Pay an experienced attorney for one hour of their time to review this matter with you.

There is a time limit, but if you filed bankruptcy in 2009, not enough time has elapsed. HOAs have what is called a statutory lien against your property for unpaid dues, and all dues that were subject to this lien before you filed bankruptcy would not have been eliminated as to the property by your bankruptcy. Bankruptcy does not change statutory liens. Of course, any HOA dues that were run up after you filed bankruptcy would be unaffected by your prior bankruptcy filing, and every month that elapses without payment is another nail in your coffin of obligation to the HOA. Better work this out or begin packing. How would a quit claim help you if you owned the property when the HOA dues were run up? To get clean title, the HOA liens need to be satisfied, and that means someone must pay them off. If you need time to do this, Chapter 13 may be your only option.

In Ohio, condo associations can file a lien not only for the unpaid dues but to attorney fees and collection costs. I've seen unpaid monthly assessments of $40 be slapped with attorney fees of $3,000. The liens are valid for 5 years after they are filed. So in February 2015, any liens filed before Feb 2010 are dropped. If the fees are ridiculous, you need to hire a lawyer. You should be aware that condo associations will generally negotiate discounts from the full amount.

It's best to check with the lawyer who represented you in the Chap. 7. In general, HOA dues should have been discharged, although condominium dues are generally treated as secured, so you must be careful to distinguish the two. In any case, if the HOA dues were discharged, that cannot include the dues which accrued after you filed the Ch. 7. You'd do best to consult an experienced bankruptcy lawyer to be certain, or to do what needs to be done. Good Luck.