Bankruptcy

Bankruptcy of a unit owner is usually accompanied by the failure of the owner to pay maintenance assessments. The news of bankruptcy usually comes to the Association by means of a notice from a bankruptcy court.

The first thing that must be emphasized (it is stated in the notice) is that the creditor association cannot pursue an owner for maintenance fees due and owing, but unpaid, at the time of the notice of bankruptcy. This prohibition extends to more than legal action. The Association cannot contact the delinquent owner to demand repayment or take other steps to try to collect the unpaid assessment.

The date of the notice is a dividing line - all debts incurred before that date are under the jurisdiction of the Bankruptcy Court, subject to being discharged, or paid, wholly or in part, under the Bankruptcy Code, as interpreted by the Bankruptcy Trustee and/or Judge. Maintenance fees incurred after that date might or might not be collectable by the Association, depending on circumstances. Condominium maintenance fees are specially treated in the Bankruptcy Code, and the Board should contact legal counsel for advice.

Meetings
Annual Meeting
Directors Meetings
Parliamentary Procedure
Voting

Rules and Rule Enforcement
Rules
Enforcement of Rules

Miscellaneous Topics
Satellite dishes
Choosing Association Counsel
Bankruptcy
Foreclosure
Resale Certificates

Budget and Assessments
Assessments
Budget

Directors and Officers
Duties/Laws

Contact Information:
1465 Post Road
P.O. Box 369
Wells, ME 04090
Tel: 207-646-8341
Fax: 207-646-8343
Email: atty@maine.rr.com


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