As long as the condo title is in your name, you are responsible for paying the HOA dues that accrue after the filing, whether you live in the property & use their facilities or not. Filing bankruptcy draws a line in the sand - you can discharge debts made before filing but not afterwards. The fact you no longer want the condo is also immaterial - you can't force the mortgage company to take the title back and you can't force them to foreclose any faster. Hope this perspective helps!
The bankruptcy only covers your HOA dues that you owed when you filed your case.
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
For anyone living in a condo, I strongly advise the debtors of the availability of filing chapter 13, not a chapter 7. There are many, many advantages of doing so. Ask your attorney if you qualify to convert to a chapter 13. If your attorney did not go over the advantages of a chapter 13 with you, then you should get a second opinion pronto.
Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.
Massachusetts has a "Super Lien" statute for condos that allows condo associationd to put a lien on the property for HOA fess that jumps ahead of your mortgage. That is why banks often pay the condo fees, to protect their interest in the mortgage. However, there is no way you can force the bank cover your fees if the condo association wishes to go after you personally.
In fact fighting the motion for relief from stay could make you worse off because the condo association will bill for its additional attorneys' fees and those attorney's fee are also subject to the super lien.