Can an HOA charge fees post-discharge on debts that existed pre-petition?

After looking into it a little further. It appears that the HOA’s counsel wrote the letter informing the board/HOA of the discharge. The HOA is passing that cost off onto me.

The discharge was sent directly to the HOA management/board in addition to one being sent to their counsel. I confirmed this on PACER.

I’d have to look for the exact text again, but one provision in the HOA declarations granted the board ability to pass off costs incurred through remedies, legal proceedings and self help by the board for things like non payment of charges and violations and other “rights and remedies” granted to it under the CCRs.

I don’t see how that alone could compel me to pay for their lawyer simply keeping them abreast of the situation independently of the bankruptcy clerk, as filing a bankruptcy petition isn’t a violation of any bylaws or HOA rules, and the personal obligation to pay the arrearages that existed at the time of petition was discharged. As it stands right now, there is no default or violation that the board needs to address that they should be able to charge me for remedying, based on that.

At this point, I’m thinking of just sending a copy of the proof of mailing from PACER with the regular monthly payment and a letter explaining why I dispute the charge once I have a little more time to articulate it.

/r/Bankruptcy Thread Parent