I Gave Up My Condo. Am I Still Responsible for Condo Dues?

LegalQuestion

The exact answer to this question can be found in your by-laws. Read them!   However, generally speaking, you remain responsible for Association dues for as long as you own and/or have an interest in the property (meaning, at a minimum, for as long as the property remains deeded in your name).  Simply leaving the property, and even surrendering the property in a bankruptcy) is not enough to avoid the responsibility of those monthly dues.  Generally, in order to relieve you from the responsibility of paying dues, the property needs to be transferred out of your name by formal sale (which pays any back dues at closing) or COMPLETED foreclosure action, for example.  Please note that dues continue to accrue during the foreclosure process and even during the time while you wait for the mortgage company to start the foreclosure process. Finally, please also note that some voluntary transfers, such as Quitclaim deeds, may leave you, along with the new owner, responsible for unpaid dues.  This means that the Association, may then attempt to collect against one or both of you, depending upon the circumstances.



Categories: Bankruptcy, Chapter 13, Chapter 7, Condo/HOA Association, Debt Collection

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