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Texas HOA voted to dissolve - what do we file?

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texas_guy

Junior Member
What is the name of your state (only U.S. law)? TEXAS

Our HOA in collin county texas has voted to dissolve. What paperwork do we need to file with the county in order to make this official?

Where do Title companies learn that there even IS an HOA associated with the properties?
 


FarmerJ

Senior Member
Ill lay odds the best thing to do is to start with talking to a real estate atty in order to make sure every thing is done correctly so what ever docs must be filed for each property are done so there is no more restrictions tied to owning there and the only authority any owner would have to answer to would become the TWP ,city/ county govt like zoning dept. I dont see this as a do it your self thing , using the services of a atty will make sure it is done correctly and will not come back to haunt anyone later.
 

texas_guy

Junior Member
Duh

Farmer J - I dont understand the point of your reply which was basically "ask an attorney". You could respond that way to just about every post on this entire website. I think everyone who posts here already knows that they could get the right answer from an attorney. As I understand it, the point of this website is to get "outstanding advice at an unbeatable price", which means advice without going to an attorney. In this case I was hoping someone else might have already experienced who could tell me what they did.
 

HomeGuru

Senior Member
Farmer J - I dont understand the point of your reply which was basically "ask an attorney". You could respond that way to just about every post on this entire website. I think everyone who posts here already knows that they could get the right answer from an attorney. As I understand it, the point of this website is to get "outstanding advice at an unbeatable price", which means advice without going to an attorney. In this case I was hoping someone else might have already experienced who could tell me what they did.
**A: you got good advice.
 

Some Random Guy

Senior Member
You received good advice.

When it comes to real estate, clarity is worth money. If you have a muddied mess on the title, it will take time and money to unravel for each parcel affected. Prospective buyers will be wary of clouded titles and it may cause sales to be delayed or fall through.

Dissolving a HOA is an uncommon task that involves changing the deed of every lot. Get a local real estate lawyer and get it done right the first time. The cost of a lawyer should be minimal whan spread out across all of the parcels.
 

nextwife

Senior Member
Ill lay odds the best thing to do is to start with talking to a real estate atty in order to make sure every thing is done correctly so what ever docs must be filed for each property are done so there is no more restrictions tied to owning there and the only authority any owner would have to answer to would become the TWP ,city/ county govt like zoning dept. I dont see this as a do it your self thing , using the services of a atty will make sure it is done correctly and will not come back to haunt anyone later.
I do disagree that dissolving the HOA also means they should void any deed restrictions. Deed restrictions can still remain to provide some uniformity to the surrounding real estate. I see many older subdivisions without HOA that still retain their deed restrictions. And any owner can sue to enforce.

I would add one more thing: some subdivisions include common areas that the municipality REQUIRED as part of the subdivision approval process. Existance and maintenance of such common areas, especially green spaces may have been set out in the Developers agreement that was a CONDITION of municipal approval. If so, the association cannot just ignore those prior negotiations and requirments and must continue to comply with the terms of the developers agreement as set out. And they must make certain to jointly allocate an appropriate budget for proper maintenance of any mandated green space and signage. AND of appropriate liability insurance for such common areas.

As Stated this is NOT a DIY task. They really need a REAL ESTATE attorney, who knows enough to review all prior recorded documents and municipal demands that were set out when the project was authorized..
 
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HomeGuru

Senior Member
I do disagree that dissolving the HOA also means they should void any deed restrictions. Deed restrictions can still remain to provide some uniformity to the surrounding real estate. I see many older subdivisions without HOA that still retain their deed restrictions. And any owner can sue to enforce.

I would add one more thing: some subdivisions include common areas that the municipality REQUIRED as part of the subdivision approval process. Existance and maintenance of such common areas, especially green spaces may have been set out in the Developers agreement that was a CONDITION of municipal approval. If so, the association cannot just ignore those prior negotiations and requirments and must continue to comply with the terms of the developers agreement as set out. And they must make certain to jointly allocate an appropriate budget for proper maintenance of any mandated green space and signage. AND of appropriate liability insurance for such common areas.

As Stated this is NOT a DIY task. They really need a REAL ESTATE attorney, who knows enough to review all prior recorded documents and municipal demands that were set out when the project was authorized..
**A: I agree and further add that there may be a provision if the condo docs that do not allow termination of the HOA.
 

Terminus

Member
Good Advice

The advice you have received is excellent. I work with multiple lawyers who only deal with HOA documents...that is how complex the issues can get. Just to begin it;

1-Who own the fee title to the roadways? If owned by the HOA, how are you going to divide up the road interest?

2-Are there HOA owned common areas? Who is going to get that land and how is it going to be maintained?

3-Who is paying for the up keep of the roads? Or is maintenance going to be conveyed to the local municipality?

4-Are there existing bank accounts that will need to be liquidated and divided amongst the property owners? And do people who have moved out recently have claim to some of that money?

The only way your advice can get better...find an attorney who specializes in HOA documents.

Good Luck
 

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