Why does the HOA keep sending notices to my ex-husband?

By Michelle M. Kinney, e-Pointe! Founder

 

Believe it or not, it’s a fairly common question. How would the HOA know you and your ex-husband split?

 

In the case of a divorce, a quitclaim deed is commonly used to comply with the terms of a divorce settlement. Likewise, it is common to add or delete someone from a deed or record a change of name via a quitclaim deed. A quitclaim is a simple form that once signed is usually publicly recorded and the matter done.

 

However, the HOA is not automatically notified of the change in your marital status or that a quitclaim deed has been filed. It is up to the owner to inform the HOA of the change as well as any change of mailing address and other contact information.

 

Keep in mind that it’s wrong to assume that any debt owed to the HOA or anyone else is wiped clean due to a quitclaim deed. A quitclaim deed simply “quits the owner’s claim” to the property. A quitclaim deed does not offer a clear title. 

 

Commonly, in a condo sale all debt is paid off due to the sale. In Colorado a title company is usually engaged to insure all debt is paid in full, and the transaction is offering a clear title, free of all debit, to the buyer.  Typically, a title company will make a formal request of the management company for the amount owed to the HOA prior to closing. The management company will then issue a “status letter”. The status letter will state all amounts due to the HOA and note any special instructions. The title company will collect any amounts indicated on the status letter, forward the money to the HOA and notify the HOA of the new owners.