Homeowners or Condominium Association Fees: Nondischargeable, But Maybe It’s Not a Problem : Bankruptcy Law Network: "Section 523(a)(16) of the bankruptcy law, as amended by the 2005 Bankruptcy Reform Act, makes homeowners or condominium association fees nondischargeable, but only if the association fees arose after the date the bankruptcy was filed, and only for so long as the debtor has an ownership interest, or some other equitable interest, in the property. A post-bankruptcy sale or foreclosure of the debtor’s interest in the property, once fully completed, ends any further accumulation of association fees.
For debtors who are keeping their townhouse or condominium notwithstanding their bankruptcy filing, the nondischargeable nature of post-bankruptcy association fees is not a problem. However, debtors who plan to surrender their townhouse or condominium in the bankruptcy are vexed by the question of what to do about post-bankruptcy association fees."
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The solution: the bank will have to pay the fees in order to sell the property.
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