Am I still liable for HOA fees on my condo prior to my bankruptcy discharge, if I am still the owner until the foreclosure sale?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I still liable for HOA fees on my condo prior to my bankruptcy discharge, if I am still the owner until the foreclosure sale?
I am current with my HOA fees following my bankruptcy discharge to the present.
Asked on March 27, 2012 under Bankruptcy Law, Maryland
Answers:
Terri Brown / Terri L. Brown, LLC
Answered 12 years ago | Contributor
"shorter version" - you can discharge fees that were incurred before the bankruptcy - but you would be responsible for fees which were incurred after you filed. You are responsible for those fees (AFTER) until you vacate the property. Remember this pointer -everything stops the day you file bankruptcy. Everything starts over the same day.
John Christiansen / McKell Christiansen Law
Answered 12 years ago | Contributor
11 U.S.C. 523(a)(16) has your answer:
(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;
Typically HOA fees incur until title is transferred; absent a provision in your CCNR provisions
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.