Can I Transfer My Home into a Trust If It’s Part of a Homeowners’ Association (HOA)?
People whose homes are part of a homeowners’ association (HOA) have to follow plenty of rules and regulations. Those rules may limit what a homeowner can and cannot do to their own property, including transferring the home into a trust and making changes to ownership.
If you are considering transferring your home into a trust but are worried about the possible issues with the HOA, contact our Tampa homeowners’ association attorneys at HD Law Partners to discuss your particular situation.
What Authority Does a Homeowners’ Association (HOA) Have?
A homeowners’ association is a legal organization made up of homeowners (community members) that enforce specific rules and collectively manage common areas.
An HOA’s authority varies from one association to another. Typically, an HOA has the authority to foreclose properties when the owner falls behind in dues or assessments.
When an association wins a foreclosure case against the property owner, it has the authority to evict the owner.
How to Transfer My Home into a Trust
If you want to transfer your property into a trust to avoid estate taxes and probate, you may wonder if you can transfer your home into a trust when the home is part of an HOA in Florida.
To do it, you will need an experienced attorney to help you prepare, sign, and record a deed. A deed is valid and enforceable when it contains the following elements:
- Your full name (if you are the property owner);
- The name of the trust; and
- The property’s legal description, including its written description and other data that helps to identify it on a map.
A skilled lawyer will help you prepare and sign the deed to make sure that it is valid. The deed must also be notarized before you can transfer your home into a trust.
Should I Notify the HOA Before Transferring My Home Into a Trust?
Many people wonder if they should notify their homeowners’ association – or even seek HOA approval – when transferring the property into a trust. The answer depends on your HOA’s rules.
In most cases, property owners are not required to notify their homeowners’ association of their intention to transfer the home into a trust or change ownership. However, notifying your HOA of your intention to transfer the property into a trust may help you avoid potential issues in the long run.
However, many HOAs enforce specific rules that require homeowners to notify the association before selling the home. The homeowners’ association may have a rule requiring the owner to pay all outstanding fees and debts before selling the property.
It is advisable to have an attorney review the association’s governing documents to determine if it has any rules requiring property owners to notify the HOA of any changes, including transfers of the home into a trust.
Speak with our Tampa homeowners’ association lawyers to discuss your particular situation and determine if you can transfer your home into a trust without notifying the HOA. Contact HD Law Partners to book a free consultation. Call 813-964-7878.