What Happens to HOA Fees and Assessments During a Divorce Home Sale?

The homeowners association does not care that the owners are getting divorced.

The dues still exist.

The rules still exist.

Any violations still exist.

And if there is a special assessment, that issue does not disappear because the owners no longer want the property.

Before listing, determine the current status of the account

Before listing an HOA property, determine the current status of the account.

Do not let each spouse assume the other person has been paying it.

• If there is a balance, identify it.
• If violation notices exist, locate them.
• If a special assessment has been announced or imposed, get the actual information rather than relying on what someone remembers hearing at an HOA meeting.

Nevada common-interest-community transactions can involve disclosure and resale-package requirements, and the current requirements should be confirmed through the appropriate transaction professionals and official Nevada resources.

Why identify these issues early

This is another reason Lisa wants these issues identified early.

Suppose the sellers accept an offer and only then discover an unresolved HOA issue that affects timing or proceeds.

Now the divorce transaction has another emergency.

Compare that with discovering it before listing.

The parties can get the information, speak with their attorneys if responsibility between them is disputed, and allow Lisa and the transaction professionals to plan appropriately.

Lisa's role

Lisa's role is not determining which spouse legally owes the HOA balance.

Her role is recognizing that the property has an HOA issue that may affect the sale.

The distinction keeps the real-estate transaction moving.