A delinquent resident passed away. We sent a letter requesting the executor of the estates' information
but have not received anything in return. What action can we take, if
any, on this property?
Collecting delinquent assessments from a deceased owner with no
executor or administrator is challenging but not insurmountable. First, a pre-lien letter
must be sent to the deceased owner at his/her address of record. Next, an assessment lien
must be recorded against the property in the name of
the deceased owner.
If payment is not forthcoming, the board can authorize foreclosure of
the lien by non-judicial or judicial foreclosure. In your case,
may be preferable because the court can authorize service of certain required
documents by publication in a newspaper in lieu of personal service.
: Associations needing legal assistance can contact us
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