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Rules Of The Roost: When Homeowner Dies, Hope For Heirs

By RICHARD WHITE

Tribune correspondent

Published: November 18, 2008

Question: One of our owners was found dead in her unit. She had no known heirs. The police came and took the body, but never contacted the association with any follow-up information.

Can you tell me what government agency we should contact about dealing with her unit and other property?

AS
Miami

This is an unfortunate event, but one that occurs from time to time.

First, you need to contact your association attorney immediately and ask him or her to start looking for any heirs. Bank accounts may have that information; when you open an account, you're asked to list relatives on the application. Although the bank won't give that information to the association, it likely will give it to a lawyer. Think of other accounts that require relatives' names, such as the mortgage company or maybe the power company.

The unit's association fees likely are not being paid. If the lawyer can find heirs, they'll be responsible for settling up the accounts. Otherwise, the association will have to perform a collection action to recoup the fees. If that happens, you will need an attorney to file the necessary documents for that.

This situation is a good reminder for boards to update their members' records with emergency contact names.

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Question: In my subdivision, there is a home that has been in foreclosure for a long time. The lawn and weeds have grown up to obscure almost all the front of the house. You cannot even see the front door.

The board has received letters complaining about the problem and it said nothing can be done because the house has no owner. The board refuses to cut the grass or even to contact the bank that owns the property.

That house is a nuisance for the community and very bad for the value of the properties around it. Is there anything we can do?

JO
Tampa

Your documents should have a section that gives the board or association permission to enter the property to make repairs. The legal term is "self-help."

In some cases, the cost for the work can be recovered. It will require the board to do a little homework and send a few letters before engaging a landscaper to cut the grass and remove the trash. But in the end, the failure to perform self-help can result in other major problems and serious devaluation in the community.

I strongly suggest the board consider the expense of limited maintenance on the home. Sometimes, the bank will agree to repay the cost or to send its own crew to cut the grass, so a letter to the bank is important. As for you, send a letter of complaint to the county or city in which you live. Sometimes, the local government will take action.

If the board does not take any action, you can complain to the bank as a concerned neighbor.

The last resort is to get the neighbors together for an afternoon of communal lawn mowing.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or e-mail camquestion@cfl.rr.com.

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