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madhatter632 Asked August 2019

Mom passed away from dementia. I'm now left with a bit of an issue wondering if anyone has ever been in this situation before.

I was a full time caregiver for the past 10+ years. First dad, then mom so I have no nest egg to fall back on since the folks choose to live in a place that sucked up all my savings in the very beginning.


I've been living and caring for mom in her house which is in a HOA controlled property. I legally inherited the home after mother's passing but have not taken financial control of this house by transferring title as of yet and I don't know if I really want to, to be honest but I'm at the mercy of waiting out things such as the death certificate and then the Life Insurance before I can truly make any decisions. Can the HOA simply throw me out since this is my residence or do they need to give me the customary 30 day notice?


Florida HOA laws state we have 45 days before they can pursue a lien against the home. I have no idea where I fall in all this. Anyone ever been put in this situation that might have some advice?

CaregiverL Aug 2019
No..you’ve been your parents’ caregiver & lived there for past 2 years so you are protected. It’s your home too. Don’t worry! I’m sorry for your losses ..hugs 🤗
madhatter632 Aug 2019
10+ years I've been a full time caregiver now I'm all alone and closest surviving family is 1100 miles away, I never had time to make friends or be social while here, I came and took care of the folks.
CarlaCB Aug 2019
Well, I was in sort of the same situation. Except that my name was on the title to the house so I became the legal owner immediately upon my mother's death.

I began paying the HOA fees the month after my mother's death. I think all an HOA really cares about is getting the fees paid, unless your residence there violates the rules such as being under age 55 in a 55 and over community. HOAs are certainly not eager to have empty properties that aren't being kept up and that aren't contributing to the community's expenses. I am thinking it will take quite a bit of time before they will take the drastic step of trying to take ownership of the property due to unpaid fees. That said, they will probably be much happier to work with you if you come forward and explain your situation to them.
madhatter632 Aug 2019
You've somewhat hit the nail on the head I'm 50 in a 55 and over community but was allowed to live here due to being a Caregiver.
This is also one of those overly aggressive type HOA's in Florida.
My main issue is I don't think I want to be here but need at least a 30 day out before I can get all the affairs in order, no family in Florida, really no one so I'm kind of in a crunch the truth be told if I opt out it will probably be less then 30 days I'll need to get it together and be gone.
HOA's just scare the crap out of me this one doesn't exactly have the best reputation they seem to think they're above the state laws.

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anonymous912123 Aug 2019
You have time, just keep the fees paid, they are not going to do anything, as long as you are not causing any trouble or are in arrears. The only reason for a lien is if there is non-payment and eviction in Florida take forever to come to fruition.
madhatter632 Aug 2019
That's my issue the lot fee's are due on the 4th of the month I won't have any money until I receive the life insurance policy and that's if (and that's a big "IF") I decide to assume the financial rights by transferring the title of the home to myself.
I honestly don't want to be here but can't afford to live until I receive the policy payout I'm 100% sure if I'm leaving I'll be doing so on October 1 which would put me 1 month in arrears.
Florida HOA laws state they can't place a lien on the home for 45 days then would come the foreclosure I know at that point I would have to leave but I'm assuming they can't force me to leave before then anyways but I'm just not sure...... sweating out the living situation after the loss..... I know bad planning on my part.
And no Mom and I lived month to month without any aid from the state except mothers SS and a pension, so she never had anything left at the end of any month to help me as I was helping her..... just in a panic and probably over nothing but it's bothering me,
My thought is to wait for the hate mail from the HOA before responding and play it by ear from that point even if I have to tell them something to just maker them happy.

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