Am I responsible for HOA fees on a vacant condo that was included in a discharged Chapter 7 and it was not reaffirmed?

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Am I responsible for HOA fees on a vacant condo that was included in a discharged Chapter 7 and it was not reaffirmed?

It was discharged and was not reaffirmed. The home is vacant and I reside in another state. The condo has not been foreclosed on yet so the state still has my name listed as the property owner/tax payer. Am I responsible for the HOA fees? The HOA says I am.

Asked on August 24, 2012 under Bankruptcy Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, speaking, you are still liable for the HOA fees as long as you own the property.  HOA fees accrue on a yearly basis and pass from one owner to the next. 

However, you may not be liable for all of the fees depending on your HOA agreement and how the HOA fees were handled during bankruptcy.  Several variables could affect your obligation to pay the HOA fees.  First, you mention that the condo is still "in your name," but if you no longer own it, then you need to get the paperwork transferred over to the new owner so they can start picking up payments.  A second factor is how back HOA fees were handled during your bankruptcy.  IF your delinquent HOA fees were also discharged in bankruptcy, then you would only be responsible for the new fees that have accrued since the bankruptcy.  A third factor is your actual agreement.  Sometimes HOA will have "out" clauses.  If you have something in writing that says you don't have to pay fees "when 'x' event occurrs", then you may have additional contractual relief.  If you're not sure which exceptions do or could apply to your situation, then consult with your bankruptcy attorney.  If possible, amend your petition to include the new debt they have assessed against you. 


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