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?

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

2 Answers 2



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.

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.


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 http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html.

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.

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