When a loved one passes away, their property often becomes part of the probate process. In Tucson, Arizona, this process can become more complex if the home is located within a Homeowners Association (HOA). Understanding how HOAs and probate interact is essential for executors, heirs, and potential buyers.
What Happens to an HOA Property in Probate?
When a property is part of an HOA, it comes with additional rules and financial obligations. These don’t stop when the homeowner passes away. During probate, the estate is still responsible for:
- HOA dues and fees – Monthly or quarterly fees must continue to be paid by the estate to keep the account current.
- Special assessments – If the HOA issues a special assessment during probate, the estate must cover those costs.
- Rule compliance – The property must still comply with HOA regulations (such as landscaping, exterior upkeep, or noise ordinances).
Failure to meet these obligations could result in late fees, liens, or even foreclosure initiated by the HOA.
Considerations for Executors and Heirs
If you’re managing or inheriting a home in an HOA community, here are key things to keep in mind:
- Contact the HOA early – Notify them of the homeowner’s passing and provide documentation if needed.
- Stay current on payments – Budget for ongoing HOA fees until the property is sold or transferred.
- Review the CC&Rs (Covenants, Conditions & Restrictions) – Understand what rules apply to the property and how they affect selling or renting.
- Plan for resale – Some HOAs may have restrictions on rentals, property modifications, or buyer approvals.
Selling a Home in an HOA During Probate
If the estate plans to sell the property, the HOA’s rules will play a role. Buyers will want to know about HOA fees, restrictions, and community amenities. A knowledgeable Realtor can help navigate these requirements while ensuring all necessary probate steps are completed.
Why Work With a Local Expert?
Navigating probate alone is challenging, but adding HOA rules can make the process overwhelming. That’s why working with an experienced Tucson Realtor is crucial.
Meet Ryan Comstock
Ryan Comstock is a trusted Tucson Realtor who helps families navigate the complexities of probate sales, including those involving HOA properties. His expertise ensures that you meet all legal requirements while protecting the value of your loved one’s home.
📞 Call Ryan today at 520-261-4669
🌐 Visit www.ryancomstock.com