Do I have to pay HOA fines while my father’s estate is beginning probate?

UPDATED: Feb 17, 2012

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Do I have to pay HOA fines while my father’s estate is beginning probate?

I’m currently in the process of probating my father’s estate. I’m named executor in the Will so I don’t see a problem with the court not appointing me as such. I’ve been paying bills with the little money my father had and paying the rest out of my own pocket. I’ve had trouble with the HOA of my father’s condo. I pay the regular fees but they just sent me a bill for some parking violation. Do I have to pay the violation fee? As it stands the estate is already insolvent.

Asked on February 17, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You personally are not obligated to pay the HOA fine for the parking violation if you personally were not cited for it. If you were, then you most likely are obligated to pay the fines issued. I suggest that you pay the fines and keep under the HOA's radar for the time being.

I suggest that if the condominium can be rented out for cash flow puposes that you try and do so after you get court approval to rent it out assuming court approval is needed. Many times a Will allows the executor of the estate to rent out property without court approval.

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