What is an HOA? Is my neighborhood in an HOA?
Most people refer to them as "homeowners' associations" or "HOAs," the term that Texas law uses is "property owners' association."
These organizations are defined in Section 202.001 of the Texas Property Code as:"[A]n incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development.
"Many property owners' associations in Texas are formed as nonprofit corporations. This means that they are business entities formally created under Texas law and registered with the Secretary of State. For this reason, when asked questions about the functions of an HOA, our librarians often refer people to the Texas law on nonprofit corporations. Some property owners' associations are not formally incorporated. If your association has not been incorporated as a nonprofit corporation, many of the laws cited in the Texas Property Code will not apply.
NOT sure if your property is subject to a property owners' association. There are three ways that you can find out:
As part of the home-buying process, you can request that the property owners' association give you a copy of the bylaws, rules, and restrictive covenants of the association and a "resale certificate," which summarizes the finances of the association and any outstanding money owed by the property. Section 207.003 Texas Property Code requires the association to give you this information, though they may charge you a fee for the resale certificate.
Check your deed. Your deed may list any restrictions or the name of the property owners' association that your property is subject to.
Search the real property records in the county where your property is located. Property owners' associations are required to file certain documents in the real property records of the county clerk's office in the county where they are located. Some counties have online searches for their property records.
Your HOA deserves an advocate to work with them. Our Community Management may be the missing puzzle piece for your community, let's talk about your HOA needs:
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