---
title: California HOA withholds refundable dues from bankrupt owner
description: "Is it legal for a California HOA to:
1. Add a $150 attorney's fee for "foreclosure monitoring" to a homeowner's account 28 days after the foreclosure?"
---

[Condo Q&A ](https://www.condoassociation.com/blog)

# [California HOA withholds refundable dues from bankrupt owner](https://www.condoassociation.com/blog/tabid/19257/bid/33874/California-HOA-withholds-refundable-dues-from-bankrupt-owner.aspx)

 Written by [stephen polinsky](https://www.condoassociation.com/blog/author/stephen-polinsky) | Wed, Dec 22, 2010 @ 01:59 PM

Is it legal for a [California HOA](https://www.condoassociation.com/CondoAssociation/tabid/83434/Default.aspx) to:

1. Add a $150 attorney's fee for "foreclosure monitoring" to a homeowner's account 28 days after the foreclosure took place?

2. Collect that fee by withholding the $150 from a refund of [HOA monthly dues](https://www.condoassociation.com/blog/tabid/19257/Default.aspx?Tag=Condo%20Fees) paid by the homeowner to the association a few days prior to being notified of a trustee sale?

Details: I filed chapter 7 bankruptcy 8.6.10. Past due HOA debts and lien included in filing. Paid HOA dues on time post-bankruptcy, so my account is not delinquent. Trustee sale 9.28.10, investor/purchaser only notified tenant. I notified HOA and requested the October HOA dues refunded. They said they needed to confirm change of ownership prior to refund. Auto-pay issued November dues check which I told them was a mistake. They cashed it anyway, but confirmed lender was new owner and they billed the lender for October and November dues. Requested 2 month's dues refund again, [HOA management company](https://www.condoassociation.com/property-managers/tabid/96982/Default.aspx) said it had to confer with Board of Directors. BOD approved refund of two months of dues less the $150 attorney's fee based on an invoice the HOA received on 10.25.10! I have requested, but not received, the civil code or case law that supports their ability to [assess](https://www.condoassociation.com/blog/tabid/19257/bid/8267/About-Condo-Association-Special-Assessments.aspx) and [collect this fee](https://www.condoassociation.com/collections/tabid/88863/Default.aspx) in this manner. Can you address this?

[View full post](https://www.condoassociation.com/blog/tabid/19257/bid/33874/California-HOA-withholds-refundable-dues-from-bankrupt-owner.aspx)

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