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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can a Texas HOA board require a custom home builder to

Customer Question

Can a Texas HOA board require a custom home builder to obtain Gen Liability to the extent that they will shut down a job until it is in effect? It is not written in their regulations, it was added in an email as a requirement.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The HOA can have such a requirement, and they can pause the project to enforce it (normally by going to Court).

However, the HOA can only enforce this is if it in the bylaws or declaration. Meaning an email directive is not good enough (assuming that the bylaws/declaration do not give the HOA the authority to arbitrarily pick and choose which projects require insurance).

Ergo, provided that assumption is correct, the HOA cannot stop the project to demand the policy unless this is already written into the declaration or the bylaws.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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