If my condo loan has been discharged in bankruptcybut isstill not foreclosed on, am I obligated to pay HOA dues?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my condo loan has been discharged in bankruptcybut isstill not foreclosed on, am I obligated to pay HOA dues?
I’m still living here.
Asked on July 31, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you filed a personal bankruptcy and you received a discharge of your debts as of the date you filed for bankruptcy protection, you are not personally liable for any association dues as of the date of the bankruptcy filing that had accrued.
You would be responsible for unpaid association dues after the filing of your bankruptcy as they continue to accrue since the condominium is still in your name. The property that is subject to foreclosure would have association dues as a lien upon it accruing for each month unpaid in that most recorded "covenants, conditions and restrictions" as to planned unit developments where your condominium is located allow such.
Once you are no longer on legal title to your condominium, your obligation for monthly association dues would end.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you filed a personal bankruptcy and you received a discharge of your debts as of the date you filed for bankruptcy protection, you are not personally liable for any association dues as of the date of the bankruptcy filing that had accrued.
You would be responsible for unpaid association dues after the filing of your bankruptcy as they continue to accrue since the condominium is still in your name. The property that is subject to foreclosure would have association dues as a lien upon it accruing for each month unpaid in that most recorded "covenants, conditions and restrictions" as to planned unit developments where your condominium is located allow such.
Once you are no longer on legal title to your condominium, your obligation for monthly association dues would end.
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.