Failure to pay homeowners' association dues can give rise to a lien on the property being assessed. The association may or may not elect to pursue further collection action. Even if you don't intend to sell in the near future, a lien will become of public record and you will likely be required to clear the lien when selling your home in the future. If the dues have become severely delinquent, you may end up paying a substantial amount in fees in penalties on top of the dues that are in arrears to ultimately clear the lien from title in the future.
You should speak with your bankruptcy attorney to determine what impact, if any, the bankruptcy proceeding has on your obligation to pay dues or the association's ability to place a lien on the property for non-payment.
Generally decisions are made by a board of homeowners who have been elected by the members of the association and every decision does not require individual homeowner input. If you are unhappy with the way the association is being run, you may want to consider running for a position on the board to make sure your voice is heard.
This is general advice not commencing the attorney client relationship, nor is it protected under attorney client privilege.
Randy Green is an attorney at Meyer Capel, a Professional Corporation
E-mail: rgreen@meyercapel.com
Phone: (217)352-1800
Answered on Jul 10th, 2012 at 9:32 AM