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?
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.
I hope this has givenyou information that has been helpful to you. If the information seems moregeneral than specific, please be aware that we are only allowed to provideinformation and not specific advice. If you have a follow-upquestion, please remember that there might be a delay between your follow upquestions and my answers because I may be helping others or taking a break.
If you do have any additional questions aboutmy answer please click the "ContinueConversation Link" so I can provide you with a fullysatisfactory answer. Pleasebe aware that any rating of 1 or 2 is reflected as a negative rating and I receiveno credit for my answers.
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.
Texas lawyer for 32 years; Also RE developer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).