When a Neighbor Passes and No One Knows What’s Next: Lessons in Legacy for HOAs

It starts quietly.

The mailbox overflows. The blinds stay drawn. A light that used to flicker in the kitchen each evening doesn’t shine anymore. At first, neighbors assume someone’s away. Maybe visiting family. Maybe under the weather. But time passes, and the silence settles in.

The owner of the condo passed away.

There was no will. No executor. No family nearby. No estate raised.

And so, for the next five years, the home sat empty—its dues unpaid, its value slowly fading into dust and dispute. The HOA, like many in Pennsylvania, could only legally recover six months’ worth of assessments when the bank eventually foreclosed. The rest—five years of community upkeep contributions—were simply gone.

This isn’t fiction. It’s a scenario playing out more often than many communities realize.

The Cost of Inaction Isn’t Just Financial

For aging communities, especially those with long-time residents, this situation isn't rare. People age in place. Some outlive family. Others assume someone else will sort it out. When no estate is opened, and no heirs step forward, the legal structure grinds to a halt.

In the meantime, the HOA is left managing:

• A vacant unit

• A growing delinquency

• Unanswered letters

• And a community that starts asking questions

The property becomes a liability—unsellable, unmaintained, and unable to contribute to the very services that keep the community functioning.

Why Can’t the HOA Just Collect What It’s Owed?

In Pennsylvania, state law limits what a homeowners or condominium association can recover after a foreclosure. Known as the “super lien” rule, the association is only entitled to collect six months of unpaid dues before the foreclosure date—no matter how long the owner was delinquent.

Even if five years of dues are unpaid, only six months may be recoverable—unless the HOA was proactive in filing liens or pursuing legal action before the foreclosure.

That means if no estate exists, and the HOA doesn’t act early, those funds may never be recovered. And that burden? It shifts to the remaining homeowners.

A Management Company’s Role in Noticing What’s Gone Unspoken

This is where a strong management partner makes all the difference. A good company isn’t just collecting checks and mowing lawns. They’re watching for red flags:

• Sudden nonpayment

• Mail returned

• Vacant units

• Neighbors asking, “Have you seen her lately?”

With systems in place to track delinquencies, file timely liens, and communicate with lenders or courts, a management company can help a Board move from reactive to proactive. Sometimes, that even means consulting legal counsel to petition the court to open an estate on the HOA’s behalf.

Yes, it’s that serious—and that necessary.

So What Can Boards and Homeowners Do? Start the Conversation

No one likes to talk about estate planning in an HOA newsletter. But it’s time.

The Association isn’t prying when it encourages owners to have a will. It’s preparing. Without one, a property can sit unresolved for years. And without a plan, the community pays the price.

HOA Boards can start with small steps:

• Encourage owners to name an emergency contact or executor in their owner information forms.

• Remind residents that having a will protects their legacy and their neighbors.

• Include estate planning tips in annual mailings—not as legal advice, but as a gesture of shared responsibility.

• Offer educational events with local attorneys on powers of attorney, estate documents, and long-term planning.

Because Community Isn’t Just Where You Live. It’s What You Leave Behind.

When someone dies without a will, the consequences don’t just impact the family. They ripple out into the street, the stairwell, and the Board meeting.

In HOAs, our stories are shared—not only in life, but in what we leave unfinished. A single unresolved estate can become a warning. Or it can become a moment of change.

Let this be the moment.