Death of Delinquent Owner
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DEATH OF DELINQUENT OWNER

QUESTION: 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?

ANSWER: 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.

Foreclosure. If payment is not forthcoming, the board can authorize foreclosure of the lien by non-judicial or judicial foreclosure. In your case, judicial foreclosure may be preferable because the court can authorize service of certain required documents by publication in a newspaper in lieu of personal service.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC