Inherited HOA Property: What Are My Rights and Obligations?
Provided by HG.org
Inheriting a property that has an attachment to a homeowners’ association could come with various problems and issues if the heir does not ensure that the HOA is taken care of after the house is his or hers legally. There are certain duties and fees that those with these properties must satisfy before everything settles.
Properties attached to an HOA have numerous effects that could cause heirs complications if not completed. This could include any fees, maintenance and similar upkeep. If the HOA explains that new expenses need payment, even if the person does not live in the home, he or she will need to take care of these bills with the HOA. It is when the owner does not pay the HOA that the community may lock out the house from him or her. Any attached financial institutions may also seek foreclosure for nonpayment of certain expenses. Even if the heir is not a part of the HOA, the property is within the boundaries of this community.
Responsibilities with an HOA
To understand what responsibilities the homeowner has with an HOA, it is crucial to communicate with the board. Which fees or maintenance need completion may change from year to year as the members and regulations alter. When the property resides in this community, the owner of the home must comply with the HOA demands in usual circumstances. However, any assessments, fees or other costs associated with the home have an explanation in the bylaws and documents with the HOA. These must have valid details and connections to each homeowner. The HOA may lock the person out if he or she does not pay the required amounts.
Connection between the HOA and the Owner
When a person has a property that exists in an HOA community, the board that resides over the HOA itself adjust and change the rules regarding the maters in the neighborhood. Any homeowner of a building or land in this community must abide by these guidelines. This could include any fees or other bills that increase or decrease how much the person pays for certain items. Some of these expenses encompass lawncare, maintenance of sidewalks and aesthetics outside that face the roads. Even if the person that owns the property does not live here, these fees need payment. The person may not have an active membership in the HOA, but the board may force action if payment does not occur.
The connection to the owner of a home in the community and the HOA may exist in stronger or weaker bonds depending on the state and the bylaws of the HOA. However, the board has enough power to seek action against anyone with a property within the bounds of the neighborhood where the HOA exists. If the owner does not want to continue any services with the HOA, he or she may need to sell the property to get out of fines and other payments. Any laws or local ordinances may require the owner to abide by what the HOA rules necessary. Sometimes, the HOA panel may even seek legal action against the owner.
Communication with the HOA
The best way to understand what is necessary and expected of the person that inherited the property is to contact the HOA. Where the property resides may have certain obligations of those that own the building or land within the community different from the standard. By talking with the board or one person on the board, the new owner may discover that he or she is responsible for certain fees or in maintaining the building. This could require painting, removing weeds from the yard or other actions to ensure the property has an appealing look for the public. Most communities with an HOA require the location to have presentable aesthetics.
It may prove necessary to check any fees with the local state laws as well. Sometimes the HOA may overstep the regulations and ordinances in the state or city. There are certain restrictions that apply to limit what an HOA charges. When the property exchanges hands, the HOA may communicate that a transfer fee needs payment for the ownership changing to someone else.
Legal Support in HOA Obligations
Whether communication is possible or not with an HOA, a legal representative may assist in mitigating the damage caused by the transfer in ownership. The lawyer may need to contact the HOA board for a remedy to the situation or negotiate a settlement.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.