I'm part of a condo board and we had one owner filing for bankruptcy after stopping paying the condo fees in June. The bankruptcy was granted in September and I know that we can collect the condo fee via the superlien for up to 6 months but what about condo fees that is due after the bankruptcy was granted? My understanding is that only the debts up to when the bankruptcy was granted are dismissed. The property has not gone into foreclosure or being taken over by a bank, yet. I know that when foreclosed on, the new owner (the bank or mortgage company) are liable for the condo fees.
Also does the superlien go up to September when the bankruptcy was granted or to January when the six months ended? We are talking to a lawyer but I thought I would ask here anyway.
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Editor's Response
That intersection of condominium and bankruptcy law is simply beyond my area of knowledge. Hopefully, another attorney will post some helpful information for you. If not, please educate our readers by adding another post once you and your fellow association members get some qualified legal advice on the subject. Good luck.