This detailed sample Resale Certificate for Property Subject to Mandatory Membership in an Owners' Associationcomplies with Texas law. Adapt the language to fit your facts and circumstances. Available in Word and Rich Text formats.
Fort Worth Texas Resale Certificate for Property Subject to Mandatory Membership in an Owners' Association
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State:
Texas
City:
Fort Worth
Control #:
TX-1078
Format:
Word;
Rich Text
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FAQ
Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.
As a general rule, members of the HOA are allowed to enter another person's property only in emergencies, to inspect for rule violations, or to perform maintenance or repairs on a common element. Usually, the HOA is required to give sufficient prior notice before entering the homeowner's property.
HOA transfer fees typically cost $100?$400. Some states have caps on how much an HOA can charge for these fees. For example, in Texas, HOA transfer fees ? also known as an HOA resale certificate there ? are capped at $375.
Texas HOA laws require a resale certificate for real estate closings. It is important to make sure you received the complete package in a timely manner. Every HOA is different, however, and it may be difficult to contact them quickly.
In general, Texas law does not prohibit associations from imposing restrictions relating to occupancy or leasing, so an unambiguous restriction promoting a substantial interest of the association and enforced in a non-arbitrary manner will probably be upheld.
A property owners' association can foreclose on the lien and trigger the sale of the property. The ability to create assessment liens is a power that is not automatically granted by Texas law. It must be specifically stated in the Declaration of Covenants, Conditions, and Restrictions.
HOA Certification, or Home Owner's Association Certification, is designed to protect buyers and lenders based on the current status of a particular area. The certification provides the buyer with all the information about the Home Owner's Association involved with the property the person is acquiring.
Do I need to submit a resale certificate each time I make a purchase? Yes, except that if a customer purchases exclusively for resale, a seller can accept a blanket resale certificate. The certificate should state that all purchases will be resold in the regular course of business.
The cost for obtaining a resale certificate in Texas is capped at $375. Since it is the seller's responsibility to provide it, the seller typically pays this expense at the time it is ordered. HOA management companies usually expect payment upfront before they will process an order.