ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance, landscaping, security, maintenance of roadways, and upkeep of common areas, all of which are utilized by, benefit, and/or enhance the living environment of these homeowners. The only way that a HOA can economically provide its services is . . .

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