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HOA Declarant died, do their children take over?

Started by JohnR52 • 9 replies • 698 views

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JohnR52 (Virginia)
Posts: 1
Posted:
I live in a private community with just a few homes. The original owner and developer and his wife were listed as the sole Declarant. Both passed away. Is there only child who inherited the property now automatically the Declarant if our HOA?
I can't find any verbage transferring the role by inheritance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I believe this is a Probate court thing. That has it's own process. So it is not a slam shut case whom will inherit. Especially if there is or wasn't a will involved. Which will be the prevailing consideration.
Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JohnR52 on 05/02/2021 7:11 AM
I live in a private community with just a few homes. The original owner and developer and his wife were listed as the sole Declarant. Both passed away. Is there only child who inherited the property now automatically the Declarant if our HOA?
I can't find any verbage transferring the role by inheritance.
-- If a competent attorney prepared the decedents' last will and testament, then the will may very well state that certain rights transfer to _____.

-- I recommend obtaining a copy of the Articles of Incorporation. Sometimes an attorney or other entity formally associated with the corporation is listed in the Articles, with contact information. Contact these people and explain the situation.

--This site also offers some ideas on how to proceed: https://www.davis-stirling.com/HOME/Successor-in-Interest

-- Especially if there is a will, I suspect the child who inherited the property is the Declarant.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Interesting question and may need a lawyer's opinion.

I assume you've gone through all of the legal documents dealing with your HOA.

Question: do you know if the Declarant was acting inside of something like an LLC, or as a private entity? The former is very common in real estate development since it protects any personal assets held outside of the LLC, and would be probated separately.

The LLC *may* have something in its legal paperwork that addresses inheritance (it would be kinda dumb not to) so it's possible there is a business arrangement of some sort to sell assets to a different developer. LLC records often are not public, which is why I said a lawyer may be involved. (The HOA should have its own attorney anyway.)
LetA (Nevada)
Posts: 2,679
Posted:
Like Cathy Said about the LLC. Look at your governing documents and find the name of the developer. It is very easy to find the information about the LLC will list the names of the directions and trustees.
The probate stuff will likely never affect you. It is very likely that a law firm is named as a trustee or director in the LLC to cover all the bases in case of a death of the principals involved in the business.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I would say yes, once the estate passes probate.
Until then, it would be the executor of the estate (which may be the same).

I base this when foreclosures occur on developers.
The bank would then be the declarant until the property is sold to another developer who becomes the declarant.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

This has nothing to do with your association nor you. It is a legal/probate issue. who knows what their so will get, if anything. They could have left it to you.
AlexP1 (Kansas)
Posts: 2
Posted:
Well, it depends on the HOA Declarant statement that he made before but in this case, if the HOA and children might have no relation or to take anything which each other as HOA is one who has created a business entity.
JimmyE (Ohio)
Posts: 1
Posted:
Quote:
Posted By AlexP1 on 02/15/2022 12:22 AM
Well, it depends on the HOA Declarant statement that he made before but in this case, if the HOA and children might have no relation or to take anything which each other as HOA is one who has created a business entity.

hmm i will agree on that
TimB4 (Tennessee)
Posts: 21,059
Posted:
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