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Home Owners Association Dues(HOA) and Use of Common Areas
I am not sure there is a violation of the automatic injunction because the HOA took the
action pre-petition. Absent a ruling on point it is difficult to say whatthe court would hold.
Good Luck starts with a strategy and a plan. The time is now to lower 2013taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
In a message dated 9/11/2013 1:57:22 P.M. Pacific Daylight Time,
cliff@bordeauxlaw.com writes:
Sounds to me like an attempt to collect a prepetition debt, so I would
guess the debtor would have recourse under 362(k). Perhaps a strongly worded
letter on your firm letterhead would take care of it... HOA may not have
run this past their counsel before taking these steps.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E: _cliff@bordeauxlaw.com_
(mailto:cliff@bordeauxlaw.com)
(http://www.bordeauxlaw.com/)
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge wrote:
Debtor failed to pay HOA dues for over 2 years and the HOA obtained a
judgment of $19,000.plus interest against the home. During this time Debtor was
denied access to the use of common areas (pool, tennis court) due to
nonpayment of dues.
Debtor filed Ch13 in May 2013 and the $19K is currently been paid throughthe Confirmed plan.
Debtor is current with HOA dues from date of filing. HOA refuses to give
Debtor access to common areas until the total $19K has been paid through the
5 year plan. Meanwhile Debtor is paying the current monthly HOA dues.
Is this the norm with HOAs? Isn't this a violation of Section 362
Automatic Stay.
Thank you
Philomena N. Nzegge
3701 Wilshire Blvd
Suite 1120
Los Angeles, CA 90010
P:_213.739.0650_ (tel:213.739.0650)
F:_213.739.8167_ (tel:213.739.8167)
I am not sure there is a violation of the automatic injunction because the
HOA took the
action pre-petition. Absent a ruling on point it is difficult to say
what the court would hold.
Good Luck starts with a strategy and a plan. The time is
now to lower 2013 taxes.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA
90701
562-924-8922
In a message dated 9/11/2013 1:57:22 P.M. Pacific Daylight Time,
cliff@bordeauxlaw.com writes:
Sounds to me like an attempt to collect a prepetition debt, so I
would guess the debtor would have recourse under 362(k). Perhaps a strongly worded letter on your firm letterhead would take care of it... HOA
may not have run this past their counsel before taking these steps.
Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-628-1820 E: cliff@bordeauxlaw.com
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge <pnnzegge@yahoo.com> wrote:
Debtor failed to pay HOA dues for
over 2 years and the HOA obtained a judgment of $19,000.plus interest
against the home. During this time Debtor was denied access to the
use of common areas (pool, tennis court) due to nonpayment of
dues.
Debtor filed Ch13 in May 2013 and the
$19K is currently been paid through the Confirmed plan.
Debtor is current with HOA dues
from date of filing. HOA refuses to give Debtor access to common
areas until the total $19K has been paid through the 5 year plan. Meanwhile Debtor is paying the current monthly HOA dues.
Is this the norm with HOAs? Isn't this
a violation of Section 362 Automatic Stay.
Thank you
Philomena N. Nzegge
3701 Wilshire Blvd
Suite 1120
Los Angeles, CA 90010
P:213.739.0650
F:
The post was migrated from Yahoo.
I agree that this is a violation of the automatic stay. I would call/email
opposing counsel and tell them your position.
Even if they disagree, they should give your client immediate access until
the issue is resolved purely as a business decision. Why open yourself up
to punitive damages if all you have to do is allow someone to use the pool!
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge wrote:
> **
>
>
> Debtor failed to pay HOA dues for over 2years and the HOA obtained a
> judgment of $19,000.plus interest against the home. During this time Debtor
> was denied access to the use of common areas (pool, tennis court) due to
> nonpayment of dues.
>
> Debtor filed Ch13 in May 2013 and the $19K is currently been paid through
> the Confirmed plan.
>
> Debtor is current with HOA dues from date of filing. HOA refuses to give
> Debtor access to common areas until the total $19K has been paid through
> the 5year plan. Meanwhile Debtor is paying the current monthly HOA dues.
>
> Is this the norm with HOAs? Isn't this a violation of Section 362
> Automatic Stay.
>
> Thank you
>
> Philomena N. Nzegge
> 3701 Wilshire Blvd
> Suite 1120
> Los Angeles, CA 90010
> P:213.739.0650
> F:213.739.8167
>
>
>
>
>
I agree that this is a violation of the automatic stay. I would call/email opposing counsel and tell them your position.Even if they disagree, they should give your client immediate access until the issue is resolved purely as a business decision. Why open yourself up to punitive damages if all you have to do is allow someone to use the pool!
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge <pnnzegge@yahoo.com> wrote:
The post was migrated from Yahoo.
If the suspension of privileges (i.e. access to common areas) is for the
purpose of recovering on a claim then it is prohibited by 362(a)(1). If
you have evidence that the HOA would restore these privileges upon full
payment of the amount owed then you have clear evidence of a stay violation.
There may be circumstances where an HOA suspends member privileges for
other purposes than to recover on a claim. If the member is abusing the
privilege by letting non-members use the pool unattended or leaving trash
lie around, then the suspension would not be a violation of the automatic
stay.
For anyone delving into HOA matters I recommend the Condo Blue Book
published by Piedmont Press. It costs less than $20, contains applicable
statutes and caselaw, and also contains an explanation of the law for
the nonlawyer.
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
Fax: (310) 878-4158; www.schrader-law.com
The post was migrated from Yahoo.
Sounds to me like an attempt to collect a prepetition debt, so I would
guess the debtor would have recourse under 362(k). Perhaps a strongly
worded letter on your firm letterhead would take care of it... HOA may not
have run this past their counsel before taking these steps.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E: cliff@bordeauxlaw.com
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge wrote:
> **
>
>
> Debtor failed to pay HOA dues for over 2years and the HOA obtained a
> judgment of $19,000.plus interest against the home. During this time Debtor
> was denied access to the use of common areas (pool, tennis court) due to
> nonpayment of dues.
>
> Debtor filed Ch13 in May 2013 and the $19K is currently been paid through
> the Confirmed plan.
>
> Debtor is current with HOA dues from date of filing. HOA refuses to give
> Debtor access to common areas until the total $19K has been paid through
> the 5year plan. Meanwhile Debtor is paying the current monthly HOA dues.
>
> Is this the norm with HOAs? Isn't this a violation of Section 362
> Automatic Stay.
>
> Thank you
>
> Philomena N. Nzegge
> 3701 Wilshire Blvd
> Suite 1120
> Los Angeles, CA 90010
> P:213.739.0650
> F:213.739.8167
>
>
>
>
>
Sounds to me like an attempt to collect a prepetition debt, so I would guess the debtor would have recourse under 362(k). Perhaps a strongly worded letter on your firm letterhead would take care of it... HOA may not have run this past their counsel before taking these steps.
Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-628-1820 E:uxlaw.com
The post was migrated from Yahoo.
Debtor failed to pay HOA dues for over2years and the HOA obtained a judgment of $19,000.plus interest against the home. During this time Debtor was nonpayment of dues.
Debtor filed Ch13 in May 2013 and the $19K iscurrently been paid through the Confirmed plan.
Debtor iscurrent with HOA dues from date of filing. HOA refuses to give Debtoraccess tocommon areas untilthe total $19K has been paid through the 5year plan. Meanwhile Debtoris paying the current monthly HOA dues.
Is this the norm with HOAs? Isn't this a violation of Section 362 Automatic Stay.
Thank you
Philomena N. Nzegge
3701 Wilshire Blvd
Suite 1120
Los Angeles, CA 90010
P:213.739.0650
F:213.739.8167
The post was migrated from Yahoo.