Am I responsible for HOA fees even after my condo goes up for sheriff’s sale?

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Am I responsible for HOA fees even after my condo goes up for sheriff’s sale?

I was discharged from bankruptcy last year. However, even after that I was unable to keep up with my HOA fees. My condo is up for sheriff’s sale for foreclosure from the bank. However, my condo is asking for the back fees plus any fees that incur after monthly for a period of 18 months or until my condo is sold. Is this legally correct?

Asked on July 23, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read the convenants, conditions and restrictions that are recorded upon your condominium as to whether you are personally responsible for unpaid association fees or if these fees attach to the property.

Most likely if you received monthly invoices in the past and paid them to the association for common area fees, there is an implied in fact if not oral agreement between you personally and the association for these fees.

I suspect that in all likelihood from the facts you have presented that you are personally responsible for these fees if they occurred after you filed for bankruptcy protection. The association in all likelihood is allowed a lien on your condominium for these unpaid fees under the recorded covenants, conditions and restrictions.

 


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