The Bills Keep Coming: HOA and Condo Assessments During Probate in Stuart

A condo association’s billing cycle does not pause for a funeral. If your loved one owned a unit in Stuart, the monthly maintenance fees, special assessments, and late charges will keep arriving long after the death certificate is issued. Many families are surprised by how quickly these balances grow and by who may end up paying them. Our Stuart probate attorneys often help personal representatives and heirs get ahead of these obligations before they turn into a much bigger problem.

Who Owes the Association After a Death?

Assessments do not vanish when an owner passes away. Under Florida Statutes § 718.116(1)(a), a condominium unit owner is liable for all assessments that come due while they own the unit, regardless of how they acquired title. The same section makes a new owner jointly and severally liable with the previous owner for any unpaid assessments that came due before the transfer.

In practical terms, the heir who receives the condo may also receive the past-due balance that came with it. Homeowners’ associations operate under a similar framework in Chapter 720 of the Florida Statutes, so single-family homes in HOA communities raise many of the same concerns.

How Fast Can a Small Balance Snowball?

Faster than most people expect. Section 718.116(3) allows interest on late assessments at the rate stated in the declaration, or 18 percent per year if the declaration is silent. Associations may also add administrative late fees if their governing documents allow it, and collection costs and attorney fees can be added on top. The association also holds a lien on the unit and can eventually foreclose.

A few situations tend to drive costs up during probate:

• The unit sits empty for months while relatives debate whether to sell or keep it.
• No one tells the association about the death, so notices go to an unmonitored mailbox.
• A large special assessment for structural repairs or reserve funding arrives mid-administration.
• Heirs assume homestead status keeps everyone away, including the association.

Does Homestead Protection Help?

Sometimes, but not as much as families hope. Florida’s homestead protections are strong against many creditors, yet an association’s assessment lien is tied to the unit itself, and homestead status typically does not stop an association from enforcing it.

There is a helpful tool for personal representatives, though. Under Florida Statutes § 733.608(2) and (3), if property that appears to be protected homestead is not occupied by someone with an interest in it, the personal representative may take possession to preserve, maintain, insure, and protect it. Funds spent for those purposes may be secured by a lien, which must be recorded and enforced within the time the statute allows.

Where to Start

A personal representative acting for the owner may ask the association for an estoppel certificate, which itemizes the assessments and other amounts owed as of the date it is issued. That document is often the clearest starting point for deciding whether to pay the balance from estate funds, sell the unit, or work out an arrangement with the association.

If letters from a condo or HOA board are piling up on someone’s kitchen counter, we would be glad to take a look. Call Kitroser Lewis & Mighdoll at 561-721-0600, and we can walk through what is owed, who is responsible for it, and which options make the most sense for the estate.

Source:

flsenate.gov/Laws/Statutes/2025/718.116 https://www.flsenate.gov/Laws/Statutes/2025/733.608