hoa inheritance
Inheriting an HOA
<p>When a person with a house under a home owners association dies must the heir or executor agree to the HOA to get or sell the house?</p>

<p>I'm most interested in WA state USA, but am curious about any general rule or exceptions.</p>

<p>Yes. </p>

<p>An HOA covenant binds successors to the owners who make the HOA declarations and establish the relevant covenants. Generally, there is a process in the HOA rules by which a supermajority of owners can disband the HOA, but otherwise HOA rules automatically bind successor owners, whether they agree or not.</p>

<p>Fines imposed by an HOA member by an HOA normally only bind a successor owner if the fines have been recorded as HOA liens against the property.</p>

<p>I would expect so.  HOA rules would be enforced by a covenant which "runs with the land" and is binding upon all successive owners, regardless of how they acquire the property.  There is some general information at <a href="http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html" rel="nofollow noreferrer">http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html</a>.</p>

<p>The main reason to have such covenants is that since every property in the neighborhood has one, you have some long-term assurance that your neighbors will obey the rules.  If there were any way to get out of the covenant, it would defeat the whole purpose.  I haven't heard of any instance where heirs are able to "opt out" of the covenant.</p>
