Q&A: Owner Who Owes Money Now Declares Bankruptcy

Q. What can be done if a unit owner, who has not paid his or her maintenance for a year and owes the association $30,000, has now declared bankruptcy? How does the association get its money?

            —Neighbors Seeking Recourse

A. “In short, it depends on the type of bankruptcy,” says attorney Matthew Zifrony of the firm Tripp Scott, which has offices in Fort Lauderdale, Boca Raton, and Tallahassee. “In most cases, the post-petition assessments are non-dischargeable and are not affected by the bankruptcy.  To the extent that the association has secured itself with a recorded lien, the pre-petition assessments could still be collectible from the property itself.  But there are so many twists and turns in the impact that a bankruptcy has on outstanding maintenance that’s owed to an association that a simple answer isn’t possible.”

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Comments

  • It appears from all I can find or read, that we no longer have a right in a pet free building to keep out support animals. I know that the owner is required to have a letter from a doctor or psychiatrist, but they are available from any doctor or even on line. I was told that a support animal can go anywhere that owners or guests can go in common areas. What about owners who have a severe allergic reaction to animal hair and bought and into a pet free building where are their rights. Also are support animals required to be an a leash. I was told that is no longer required. Thank You