In re Spa at Sunset Isles Condominium Assn
Jul
13
2011
Ruling
Debtor could surcharge mortgagee for pro rata share of assessments used to maintain condominium.
Procedural posture
Condominium units were in protracted foreclosure proceedings initiated by a mortgagee, during which assessments to maintain the common elements of the condominium were not remitted to bankruptcy debtor condominium association. The debtor moved to surcharge the mortgagee for a pro rata share of the assessments pursuant to 11 U.S.C.S. § 506(c) based on the inclusion of the common elements in the mortgagee's collateral.
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Court
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