General HOA Questions

A:  When the developers created this subdivision, they filed documents with the county that established certain restrictions governing the use of, and activities on, the land. These types of rules are generally known as "Deed Restrictions", and can be as loosely or strictly enforced as the residents of the community determine. When a certain percentage of the lots were sold, those documents dictated the developers to turn over control of the subdivision to the Homeowners Association.

The State of Texas gives wide reaching authorities to homeowner associations. It should be noted that in court of law, deed restrictions that are not enforced eventually become null and void. Therefore, it is best to make sure to enforce the deed restrictions on a regular basis.

A:  You are residing in a deed restricted subdivision. When you purchased your property, it was on the condition that you would accept the deed restrictions that are part of the property documents on file with the county. If you chose to ignore the deed restrictions the Homeowners Association has the legal right (as authorized by the State) to sanction you.

A:  This property management company, whose professional business is to administer to homeowner organizations such as we, has been hired by the Homeowners Association to assist in the many activities required to keep a subdivision running smoothly. (I.e. taxes, utility and insurance invoices are received and paid, dues collected, liens filed, budgets prepared, legal files maintained, etc., etc.) Many of these activities are required as per the Association By-Laws and are more effectively performed by a professional company rather than a resident volunteer group.

A:  The developer of this subdivision filed with the county certain restrictions governing the use of, and activities on, the land. These are commonly known as "deed restrictions" and are a part of the documents you received from the title company upon purchasing your property.

The official name for the deed restrictions is usually "Covenants, Conditions and Restrictions"; sometimes they are called “Declarations”. Sometimes each of the developed sections in the community will have their own set of CC&R's, outlining restrictions on land use, structures, livestock, signs, etc. The CC&R’s specific to your home were provided to you at your closing. The Architectural Committee and/or board of directors have the responsibility of interpreting and enforcing the CC&R's.

The BY-LAWS are a set of requirements filed by the developer of this subdivision outlining "how" the Association will be run: ie, meetings, board elections, terms of office, notices, etc. The By-Laws may be changed or amended by the Board as needed.

A:  Under the Texas Property Code chapter 207, a Resale Certificate is used to disclose information of property owners’ associations. This information must be provided to all new owners at closing.