A South Florida condo association serving
a 55-and-older community has filed for bankruptcy.
Palm Greens at Villa Del Ray Recreation Condominium
Association, a Delray Beach-based association managing the
recreational facilities and amenities for the community,
filed for Chapter 11 reorganization on Jan. 28 in the U.S.
Bankruptcy Court for the Southern District of Florida.
It reported $43.7 million in liabilities.
Lennar Homes is the largest creditor with a $25 million
claim.
This bankruptcy follows a series of legal disputes between
Lennar and the Palm Greens at Villa Del Ray Recreation
Condominium Association over alleged breaches of agreements
tied to managing and forming the community’s shared
amenities, with each side filing lawsuits in April 2025 in
separate Florida counties.
Lennar said in a statement to Realtor.comŽ, "Lennar has
fulfilled its obligations under the development agreement
and will continue to work with all parties to do so. Last
week, we opened a brand-new resort-style clubhouse and pool,
which Lennar constructed and is available to all residents.
We remain committed to completing all amenities for the
enjoyment of the entire community."
Lennar's statement went on to say, "The recreation
association’s bankruptcy relates to its management of its
affairs and is in part due to its filing of multiple
lawsuits against multiple parties. In its litigation against
Lennar, the vast majority of claims were dismissed by the
Court with prejudice in Lennar’s favor.”
The second largest creditor named in the bankruptcy filing
is the Number 2 Condo Association, which is owed $18.5
million.
It's labeled "Number 2" because Palm Greens at Villa Del Ray
has two distinct condominium associations within the same
larger community, and each one is responsible for its own
group of residential units and governing documents.
The official reasons behind the bankruptcy have not yet been
released.
Realtor.com reached out to Tate M. Russack, the attorney
representing the condo association, but did not hear back.
These types of bankruptcy filings are not unusual.
"We are seeing a definite uptick in condos filing for
bankruptcy in Florida," Chad D. Cummings of Cummings &
Cummings Law in Florida tells Realtor.com. "There can be
many factors in play, some of which relate to
mismanagement."
What is Chapter 11?
A Chapter 11 filing enables an HOA to keep running while it
restructures its financial obligations under federal court
supervision. Day-to-day operations continue, including
collecting assessments, enforcing covenants, and contracting
for services.
The intent is to stabilize finances, not shut down the
community. A Chapter 11 plan can include negotiating claims,
restructuring existing loans, extending payment timelines,
or using special assessments to support repayment.
What happens when a condo association files bankruptcy?
According to Cummings, a Florida condo association
bankruptcy filing triggers an "automatic stay," so most
lawsuits and collection actions against the association
pause.
"But it does not pause the need to pay for insurance,
utilities, and basic operations," he says, "The
association’s bankruptcy does not wipe out your monthly dues
or a properly adopted special assessment. Residents still
owe those."
If a resident does not pay up, Cummings says the association
can still record and enforce its statutory lien, subject to
the bankruptcy court’s process.
A condo association bankruptcy can also lead to
uncomfortable consequences for residents.
"Services get cut, vendors stop showing up, repairs stall,
insurance gets harder and more expensive—or, in many cases,
impossible to get at all—and boards get aggressive on
collections," says Cummings. "Emotions are usually running
high, as the bankruptcy is often a symptom of earlier
financial problems where board members did not take action
or made mistakes."
After a condo association files for Chapter 11, HOA dues and
assessments may increase as part of the association’s
court-approved repayment plan.
"In many cases, the association is allowed by the bankruptcy
court to pay debts over a longer period of time, essentially
changing the terms of the original loan or other obligation,
which can result in higher dues," explains Cummings.
In addition, a condo association bankruptcy can have a
negative effect on current and future real estate
transactions, since this must be disclosed to prospective
buyers.
"Lenders and buyers get skittish, so sales and refinances
can fail because the condo no longer meets underwriting
rules," warns Cummings. "That tanks property values for
units, needless to say."
According to projections from the Realtor.com 2026 National
Housing Forecast, median sales prices for existing condos
across Florida's eight largest metros are projected to fall
an average of 1.9% in 2026.
Realtor.com economists say Florida’s condo market appears to
be softening due to several factors, including rising home
insurance costs, increasing climate-related risks, and
elevated HOA fees.