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?
Question Details: I am current with my HOA fees following my bankruptcy discharge to the present.
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
"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.