The Texas Uniform inium Act contains a provision which states that unless a declaration provides otherwise, a inium building may be terminated and sold if 100% of the owners agree. It also allows unit owners associations to adopt a rule allowing for a lower threshold of 80% of the votes.
Board Members and Officers. (a) Except as provided by the declaration, bylaws, or this chapter, the board shall act in all instances on behalf of the association if in the good-faith judgment of the board the action is reasonable.
Section 82.153(c) requires the declarant to promptly amend the inium information statement to reflect material and substantial contents.
Texas law supersedes any POA governing documents, which tend to be updated by numerous people over time, leaving room for numerous interpretations. Before drafting, changing, or enforcing any policies in your governing documents, remember: the laws of the land come first.
In Florida, a inium declaration is considered to be a contract between a inium association and the unit owners.
Section 82.111 - Insurance (a) Beginning not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) property insurance on the insurable common elements insuring against all risks of direct physical loss commonly ...
When you're buying or selling a property within a homeowners association (HOA), a Texas HOA resale certificate is crucial for a smooth transaction. This document provides valuable information about the financial health and rules of the community.
The HOA Resale Certificate doesn't actually contain an expiration date. However, the lender for the transaction may require that the HOA's Resale Certificate be prepared within a particular timeframe. Therefore these Certificates are typically requested during the escrow period of the contract.
The resale certificate is a due diligence report for the buyer that allows them to understand how their property is affected by being in a homeowner's association (“HOA”). Obviously the buyer needs to understand what their initial capital contribution in that property will be.