I am on the board of a mandatory membership 55/ov HOA in south Texas. On October 23, 2011, when I was the Board President, I received a letter from the developer who is also the owner of the golf course we contract
with for golf privileges, which said as follows:
To XXXXX Phase 1 residents and Monte Cristo Phase 1 residents
Monte Cristo Golf and Country Club will charge a $1500 Re-registration fee on all homes and lots sold after November 1, 2011.
Signed ________________ Fred Palacios
Please note that there were new laws enacted by the 2011 Texas legislature affecting Property Owner Associations and Restrictive Covenants.
I have a document written by Attorneys Graves,Dougherty, Hearon & Moody in Austin Texas summarizing some of these new laws which says as follows:
New transfer fees are void. Pursant to section 5.202, a private transfer fee established after June 16, 2011 that is passed through a 3rd party designated or identifiable in a declaration is void. Private transfer fees established prior to that date may be grandfathered if notice is filed in the real property records no later than January 31, 2012 and refiled every three years. An association may continue to charge a fee ( which may be payable to a management company relationg to updating the associations records or preparing resale or estopped certificates.
His document telling us about his re-registration fee has not been filed with the county courthouse here.
Our 1st home sale since that letter is coming up around Aug. 13th and the title company involved can't find any record of this document either.
My question to you is can Mr. Palacios legally force someone to pay the $1500 ? Does the new transfer fee law apply here or does something else.? thank you J.D. lenderts ( if you need more details please let me know!)