Homeowners Dues and Consumer Bankruptsy

[GBHering]

What is the name of your state? Texas

I am on the board of our condominium Homewoners Association. An individual filed personal bankruptsy and owes back Homeowners Association Dues for their primary residence that currently is not in forclosure. Since the individual has contractual rights to the "Common Elements" of the property as designated in the "Declaration and Master Deed" of the complex, do bankruptsy laws allow for discharge of the monthy dues required to maintain the "Common Elements" of the property? The "Declaration and Master Deed" document clearly explains the covenants and restrictions for the property in regard to individual rights and the Homeowners Association. The HOA has the capability to foreclose on a unit if the owner does not pay their Homeowners dues and/or any special assessment the Homeowners agree to based on the Bylaws of the Association.

I appreciate any knowledge and expertise any of you may have.

Thank you!

[tranquility]

I don't know TX law, but many states' HOA dues laws allow for security agains the condo/property. If so, it would not be dischargable if you want to keep the condo/property.

[gawm]

Dues may or may not be dismissed but things like lawyer’s fees and penalties very well may be dismissible. It is going to depend on the court.