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HOA Issues
It's "pay to stay" when it comes to the HOA.
I have been combing through the Davis sterling act and any protections
would be there, if the HOA failed to respond in a timely manner, they might
be forced to waive late fees, other fees and attorney fees, but the Dues
themselves are still owed.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
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Shannon,
Davis-Sterling Act
Ca Civ. Code 5658 talks about Disputed Charges
Ca Civ. Code 5665, which sets forth that an "owner" must ask for a board
meeting to discuss a pay plan; and the board shall have 45 days to meet.
Ca Civ. Code 5670 provides for ADR
I hope this helps.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
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in re Jon Hayes, 523 BR 727
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 29, 2013, at 12:20 PM, wrote:
>
> Our ch 7 client owes back HOA dues, exps etc. The ch 7 discharged the prepetition HOA debt. The lien remains obviously so he will probably lose the property eventually. Our client wants to make the next regular HOA payment and get his privileges back, to use the pool, the tennis courts etc. Does anyone know of a case that discusses whether preventing them from using the facilities violates the discharge injunction?
>
>
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Bankruptcy deals with claims that can be resolved by the payment of money.
If the Debtor would regain his privileges by paying money then it is
covered. The HOA can't prohibit access based upon prepetition dues that
were discharged.
For more on HOA matters, I suggest the Condo Blue Book by Piedmont Press.
It is only about $20 is written for attorneys, board members, and
homeowners.
*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
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