Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding the death of an owner but no probate . . .

QUESTION: An owner died six years ago and the property was presumably inherited by his son. He has not changed the title or even communicated with the association. How do we enforce our documents or send the property to collection without the son’s contact information? -Rick S.

ANSWER: You should contact the Public Administrator for the county in which the property is located. The Administrator will attempt to contact missing heirs or even probate the estate of the deceased.

As far as the delinquent dues go, according to Richard Witkin and Susan Paquette of Witkin & Neal, Inc, the HOA can put a lien on the property for the delinquencies by using the name of the deceased owner and the property address because, although deceased, the departed person is still the “owner of record” and that is all that the lien requires.

DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel.  You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.