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We have 3 acreas and have purchased the 1.5 acreas next to use. The CC&R's say that if lots are adjoining you pay only one HOA dues. But if we consolidate them to do that we, according to the HOA representative, can never sell the adjoining 1.5 acreas. Can they legally tell us we can not sell that pacel later if we chose to in the future? Or do we need to keep it separate and pay the yearly dues?
Optional Information: State/Country relating to question: Texas
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. Do the CC&R's require you to re-plat them as one plat in order to pay one HOA dues.
The CC&R's do not require us to re-plat.
Thank you. As long as you don't have to re-plat, the language of the CC&R's requiring the payment of only one fee is not going to prevent you from selling the separately platted 1.5 acre parcel. The HOA does not have the unilateral authority to restrict such a sale of separately platted parcels.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Experience: Texas lawyer for 32 years; Also RE developer