So, What’s a Poor Homeowner to Do?

By Carole Bess, Bess, Blougouras, Freyberg & Pennington, P.A., Merritt Island, Florida

Bankruptcy, offers a solution to many of these HOA dilemmas. Attorneys representing owners with HOA liens and arrears, and future fees, should, however, proceed with great care, and caution. The Bankruptcy Code regarding HOA fees is not as easy to decipher as it might appear at first glance, and the law must be interpreted in conjunction with Florida Statutes and emerging case law.

What happens to HOA fees where the homeowner elects to surrender their homes?

That depends.

Debtors, filing the most common and easiest . . .

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